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HomeMy WebLinkAboutAgenda Report - August 19, 2015 J-01AGENDA ITEM J-01 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Ordinance No. 1908 Entitled, "An Ordinance of the Lodi City Council Adopting a Development Agreement Reducing Community Facilities District Special Taxes and Waiving Vesting Map Rights for the Reynolds Ranch Subdivision" MEETING DATE: PREPARED BY: August 19, 2015 City Clerk RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title) adopting the attached Ordinance No. 1908. BACKGROUND INFORMATION: Ordinance No. 1908 entitled, "An Ordinance of the Lodi City Council Adopting a Development Agreement Reducing Community Facilities District Special Taxes and Waiving Vesting Map Rights for the Reynolds Ranch Subdivision," was introduced at the regular meeting of August 5, 2015. ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of its introduction. Two readings are therefore required — one to introduce and a second to adopt the ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting; except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances must be read in full either at the time of introduction or at the time of passage, unless a regular motion waiving further reading is adopted by a majority of all council persons present. Cal. Gov't Code § 36934. Ordinances take effect 30 days after their final passage. Cal. Gov't Code § 36937. This ordinance has been approved as to form by the City Attorney. FISCAL IMPACT FUNDING AVAILABLE: Not applicable. Not applicable. J fifer M. erraiolo CI y Clerk JMF/PMF Attachment , City Manager N:\Administration\CLERK\Council\COUNCOM\Ordinance2.DOC ORDINANCE NO. 1908 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION (DEVELOPMENT AGREEMENT — REYNOLDS RANCH SUBDIVISION) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. The properties subject to this Development Agreement include the following: Property south of Harney Lane and west of Reynolds Ranch Parkway, Lodi, California 95240 (APN: 058-650-04) SECTION 2. The applicant for the Development Agreement is as follows: Skinner Ranch Holdings, L.P., c/o Mr. Dale Gillespie. SECTION 3. The requested Development Agreement is summarized as follows: Development Agreement (Reynolds Ranch Subdivision) is an agreement between the City and the developer, in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. 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. SECTION 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. SECTION 5. The City Council certified an Environmental Impact Report ("EIR") for the Reynolds Ranch on August 30, 2006 (State Clearinghouse No. 2006012113). The project is consistent with the Reynolds Ranch EIR and no further environmental review is required pursuant to CEQA Guidelines section 15162. Further, City Council certified an EIR for the 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. SECTION 6. The City Council hereby adopts Ordinance No. 1908 approving the Development Agreement by and between the City of Lodi and Skinner Ranch Holdings, L.P., attached herein as Exhibit A. 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 8. Severability. If any provision of this ordinance or the 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. SECTION 9. This ordinance shall take effect thirty (30) days from and after its adoption. The ordinance summary 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 at 221 West Pine Street, Lodi, California. Approved this 19'" day of August, 2015 BOB J SON Mayor Attest: CjPN 16F E -5nQ...ity Clerk State of California County of San Joaquin, ss. I, Jennifer Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1908 was 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, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1908 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. A proved as to Form: ANICE, . MAGDICH City Attorney 2 NNIFE FET�RAIOLO ity Clerk EXHIBIT A DEVELOPMENT AGREEMENT REYNOLDS RANCH SUBDIVISION OFFICIAL BUSINESS Document entitled to free recording OoVermment'C00 Section 6103— RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lodi P.O. Box 3006 Lodi, CA 95241-19910 ATTN: Citv Clerk ABOVF-THIS LINE RESERVED I -OR DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LODI AND SKINNER RANCH HOLDINGS, LP FOR THE REYNOLDS RANCH SUBDIVISION 1280384.3 11233-038 DEVELOPMENT AGREEMENT FOR SKINNER RANCH HOLDINGS, LP REYNOLDS RANCH SUBDIVISION This Development Agreement ("Agreements) is entered into as of this _ day of August 2015, by and between the CITY OF LODI, a municipal corporation ("City"), and SKINNER RANCH HOLDINGS, LP ("Landowner"). 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 seq., which authorizes the City and any person having a legal or equitable 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. Property. Landowner holds a legal or equitable interest in certain real property located in the City of Lodi, County of San Joaquin, more particularly described in Exhibit A-1 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. Project Approvals. Landowner has obtained various approvals from the City for a development known as Reynolds Ranch ("Project") on the Property. These approvals include the following: 3.1 City Council Resolution No. 2010-41, adopted by the City Council on April 7, 2010, approving the land use designation as Medium -Density Residential, High -Density Residential, Industrial and Open Space for the Project site. 3.2 City Council Ordinance No. 1869, effective March 21, 2013, granting Planned Development Zone P -E(39) to allow Medium -Density Residential, High -Density Residential, and Open Space for the Project site. 3.3 Reynolds Ranch Final EIR, State Clearinghouse No. 2006012113, certified by the City Council on August 30, 2006 and an addendum to the Final EIR, certified on September 17, 2008. 3.4 Resolution No. 14-19, adopted by the Planning Commission of the City of Lodi on June 25, 2014, approving the Vested Subdivision Map for the Reynolds Ranch Subdivision. 3.5 City Council Ordinance No. 1785, approving a development agreement applicable to the Property, as well as other adjacent properties. City Council Ordinance No. 1865, effective November 16, 2012, rescinded Ordinance No. 1785, terminating the development agreement, except for those terms surviving the termination, including the August 26, 2006 Settlement Agreement between San Joaquin Valley Land Company LLC, Citizens for Open Government, and the City ("2006 Settlement Agreement"). In addition, the Property is part of Community Facilities District No. 2007 1 (Public Services) formed to provide certain services to the Property. 1260364.3 11233-035 4. Public Hearing. 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 Agreement Resolution Compliance. 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 for the consideration and approval of the pre -annexation and development agreement. 6. Findings of Consistency. Having duly examined and considered this Agreement and having held a properly noticed public hearing hereon, the City found that this Agreement satisfies Government Code section 65867.5 related to general plan consistency and Section 66473.7 related to water supply. AGREEMENT 1. Incorporation 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 Property. 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. Interest of the Landowner. Landowner has a legal or equitable 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. Relationsbile of City and Landowner. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City 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 in 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") is 2015, which is the Effective Date of City Ordinance No. adopting this Agreement. 5.2 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 the 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 the City Council Resolution No. 2010-41 approving the land use designations for the Project site, City Council Ordinance No. 1869, granting Planned Development Zone P -E(39), and Resolution No. 14-19 approving the 1260364.3 11233-038 2 Vested Subdivision Map for the Reynolds Ranch Subdivision, all subject to the terms of the 2006 Settlement Agreement. 7. Fees and Taxes. 7.1 Existing Fees, Exactions, and Dedications. City Council Resolution No. 14-19, paragraph 81(b), obligates Landowner to pay Development Impact Mitigation Fees according to the Public Works Fee and Service Charge Schedule. Landowner shall have the vested right to satisfy the obligation of Paragraph 81(b) by paying the Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 ("Resolution No. 2012-14 Fees) for all units for which building permit applications are submitted on or before June 17, 2019 and construction is completed by December 17, 2019. For all units for which building permit applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019, Landowner waives the right to pay the Resolution No. 2012-14 Fees .and agrees to pay the Development Impact Mitigation Fees according to the Impact 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 Council 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 Community Facilities District. Reynolds Ranch is part of Community Facilities District 2007 1 (Public Services). The City will institute proceedings to amend the tax formula to reduce the special taxes 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 time 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 Cancellation. This Agreement may be amended in writing from time to time by mutual consent of the Parties 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 17.44.080 of the Municipal Code. 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 1260364.3 11233-038 3 Party shall constitute a material event of default ("Event of Default"). For purposes of this Agreement, 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 Default." A Complaining Party shall not exercise any of its remedies as the result of an Event 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 thirty (30) days of the Complaining Party giving notice. 11. Severability. 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 it is 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 invalid 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. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 13. Transfers and Assignments. From and after recordation of this Agreement against the Property, Landowner shall have the full right to assign this Agreement as to the Property, or any portion thereof, in connection with any sale, transfer or conveyance thereof, and upon the express written assignment by Landowner and assumption by the assignee of such, and the conveyance of Landowner's interest in the Property related thereto, Landowner shall be released from any further liability or obligation hereunder related to the portion of the Property so conveyed and the assignee shall be deemed to be the "Landowner," with 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 assignment shall be subject to the approval of the City Attorney, neither of which shall be unreasonably withheld. 14. Agreement 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 operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with 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 benefit to and a burden upon each Party and its Property hereunder and each other person succeeding to an interest in such properties. 15. Bankruptcy. The obligations of this Agreement shall not be dischargeable in Bankruptcy. 1260364.3 11233-038 4 16. Indemnification. Landowner agrees to defend and hold harmless the City, its elected and appointed commissions, officers, agents, employees, and representatives 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. Third -Party Beneficiaries. 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 certified mail, return receipt requested, postage prepaid. Notice 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: SKINNER RANCH HOLDINGS, LP ATTN: Dale Gillespie 1420 S. Mills Ave., Suite M Lodi, CA 95240 19. Form of Agreement, Recordation 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. 20. 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. 1260364.3 11233-038 5 IN WITNESS WHEREOF, the City of Lodi, a municipal corporation, 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 5th day of August 2015, and Landowner has caused this Agreement to be executed. CITY OF LODI a municipal corporation By: Stephen Schwabauer City Manager ATTEST: Jennifer M. Ferraiolo, City Clerk Approved as to form: Janice D. Magdich, City Attorney 1260364.3 11233-038 6 SKINNER RANCH HOLDINGS, INC. By M Skinner Properties, LLC If l � By. Barton R. Robertson, Manager Its: _O ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valiriity of that document. State of CalifQrnia County of _ V—) ) On �Vl l ALJ! �] before me, Di r) C I1,� (insert name and title of the officer�� personally appeared f',44 , Qabt( -z� n who proved to me on the basis of satisfactory evidence to be the person(4 whose namQV) !slam subscribed to the within Instrument and acknowledged to me that help executed the. same in hisliterkf�e�authorized capacity(jesT, and that by his/haM ieirsignaturefsj on the instrument the person0j, or the entity upon behalf of which the person s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WK �. WITNES7 and and officia al. Gon�r+l 1W �tR0M10Qd ID tlY FL*k - 0811forniit Qin Jowin county CQmm. f irea Oct 5, 2018 Signature al) Exhibit A-1 1260364.3 11233-038 103 a POR. SEC. 24 T. 3N. R. 6E., M.D.B.&M. IS .0;' AS USI :P41Y 1Bk I- 18k 0&2 7 7- at 04SII c" I A - P- M- 6k 25 Fg- aaE 69-k-'� � U111 0581 65 N� Fy . Via 'ra Om 01'a vml -T" 7 CITY OF LODI Assessor's Map Bk.058 Pg.65 County of Son Joaquin, Calif. Exhibit A-2 1260364.3 11233-038 alp- 0-9-94109 000 Of it t G Reynolds Ranch 227 MLD, 330 RHD ■ �r er * • a� rrIP !/ it • ■ ■!■i! f ! &00606il� 0 •f•!!iW0190,990,09914PS 40 ■■■r■r■■taala•■■ �! ■o of 0.!f■ fSOASS•■*r/ ■ !■ •-••■■•*••r ■r r■ r If of rr ■* i ■ *s I 0 ■ APIN r r a -r a i r■*• i■ N ! ■ ■ ._qW+� Reynolds Ranch 227 MLD, 330 RHD QF L❑ �■ o SUBJECT: Please immediately confirm receipt u f this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1907, 1908, 1909, 1910, 1911, 1912, AND 1913 PUBLISH DATE: SATURDAY, AUGUST 8, 2015 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, AUGUST 6, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OFADVERTISEMEP'7: T11ANK YOU11 Emailed to the Sentinel atdianer@lodinews.com atom. - 06 (time)on -5 (date) (pages) LNS Phoned to confirm receipt of all pages at (time) F ES (initials) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1907 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 15 — BUILDING AND CONSTRUCTION — BY REPEALING AND RE-ENACTING CHAPTER 15.65, "SAN JOAQUIN COUNTY REGIONAL TRANSPORTATION IMPACT FEE," IN ITS ENTIRETY. The purpose of this ordinance is to bring the Lodi Municipal Code into compliance with the recently -approved San Joaquin County Regional Transportation Impact Fee Program Operating Agreement by clarifying language and definitions, changing the timing of program fee payments and reporting dates, and modifying project selection criteria. Introduced July 15, 2015. Adopted August 5, 2015; and effective September 4, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1908 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Reynolds Ranch Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. Introduced August 5, 2015. Adoption to be considered August 19,_2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1909 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE ROSE GATE SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Rose Gate Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact 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. Introduced August 5, 2015. Adoption to be considered_ August 19, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1910 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE VAN RUITEN RANCH SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Van Ruiten Ranch Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. Introduced August 5, 2015. Adoption to be considered August 19, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1911 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 2). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 as Annexation No. 2. Introduced August 5, 2015. Adoption to be considered August 19 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1912 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 12 — STREETS, SIDEWALKS, AND PUBLIC PLACES — BY REPEALING CHAPTER 12.07, "LODI TOURISM BUSINESS IMPROVEMENT DISTRICT," IN ITS ENTIRETY, THEREBY RESCINDING ORDINANCE NO. 1753 AND ORDINANCE NO. 1818, DISESTABLISHING THE LODI TOURISM BUSINESS IMPROVEMENT DISTRICT. The purpose of this ordinance is to disestablish the Lodi Tourism Business Improvement District. introduced August 5, 2015. Adoption to be considered September 2, 2015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. ORDINANCE NO. 1913 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 15 — BUILDINGS AND CONSTRUCTION — BY ADDING CHAPTER 15.19, "EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS." The purpose of this ordinance is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems. Introduced August 5, 2015. Adoption to be considered August 192015. AYES: Chandler, Kuehne, Mounce, and Nakanishi; NOES: None; ABSENT: Mayor Johnson. Jennifer M. Ferraiolo, City Clerk City of Lodi August 5, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1908 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION On Thursday, August 6, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1908 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 6, 2015, at Lodi, California. amela M. Farris Deputy City Clerk ord s ummaries\aaDecPost. d oc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO. 1908 LE:XI" i BIT A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION (DEVELOPMENT AGREEMENT — REYNOLDS RANCH SUBDIVISION) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. The properties subject to this Development Agreement include the following: Property south of Harney Lane and west of Reynolds Ranch Parkway, Lodi, California 95240 (APN: 058-650-04) SECTION 2. The applicant for the Development Agreement is as follows: Skinner Ranch Holdings, L.P., c/o Mr. Dale Gillespie, SECTION 3. The requested Development Agreement is summarized as follows: Development Agreement (Reynolds Ranch Subdivision) is an agreement between the City and the developer, in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. 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. SECTION 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. SECTION 5. The City Council certified an Environmental Impact Report ("EIR") for the Reynolds Ranch on August 30, 2006 (State Clearinghouse No. 2006012113). The project is consistent with the Reynolds Ranch EIR and no further environmental review is required pursuant to CEQA Guidelines section 15162. Further, City Council certified an EIR for the 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. SECTION 6. The City Council hereby adopts Ordinance No. 1908 approving the Development Agreement by and between the City of Lodi and Skinner Ranch Holdings, L.P., attached herein as Exhibit A. 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 8. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the I 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. SECTION 9. This ordinance shall take effect thirty (30) days from and after its adoption. The ordinance summary 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 at 221 West Pine Street, Lodi, California. Approved this _ day of , 2015 BOBJOHNSON Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1908 was 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 , 2015, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — I further certify that Ordinance No. 1908 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney 2 JENNIFER M. FERRAIOLO City Clerk EXHIBIT A DEVELOPMENT AGREEMENT REYNOLDS RANCH SUBDIVISION OFFICIAL BUSINESS Document entitled to free recording Government Code Section 6103 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lodi P.O. Box 3006 Lodi, CA 95241-19910 ATTN: Citv Clerk (SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LODI AND SKINNER RANCH HOLDINGS, LP FOR THE REYNOLDS RANCH SUBDIVISION 1260364.3 11233-038 DEVELOPMENT AGREEMENT FOR SKINNER RANCH HOLDINGS, LP REYNOLDS RANCH 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 ("Citi'), and SKINNER RANCH HOLDINGS, LP ("Landowner"). 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 seq., which authorizes the City and any person having a legal or equitable 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. Property. Landowner holds a legal or equitable interest in certain real property located in the City of Lodi, County of San Joaquin, more particularly described in Exhibit A-1 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. Proi;ect Approvals. Landowner has obtained various approvals from the City for a development known as Reynolds Ranch ("Project") on the Property. These approvals include the following: 3.1 City Council Resolution No. 2010-41, adopted by the City Council on April 7, 2010, approving the land use designation as Medium -Density Residential, High -Density Residential, Industrial and Open Space for the Project site. 3.2 City Council Ordinance No. 1869, effective March 21, 2013, granting Planned Development Zone P -E(39) to allow Medium -Density Residential, High -Density Residential, and Open Space for the Project site. 3.3 Reynolds Ranch Final EIR, State Clearinghouse No. 2006012113, certified by the City Council on August 30, 2006 and an addendum to the Final EIR, certified on September 17, 2008. 3.4 Resolution No. 14-19, adopted by the Planning Commission of the City of Lodi on June 25, 2014, approving the Vested Subdivision Map for the Reynolds Ranch Subdivision. 3.5 City Council Ordinance No. 1785, approving a development agreement applicable to the Property, as well as other adjacent properties. City Council Ordinance No. 1865, effective November 16, 2012, rescinded Ordinance No. 1785, terminating the development agreement, except for those terms surviving the termination, including the August 26, 2006 Settlement Agreement between San Joaquin Valley Land Company LLC, Citizens for Open Government, and the City ("2006 Settlement Agreement"). In addition, the Property is part of Community Facilities District No. 2007 1 (Public Services) formed to provide certain services to the Property. 1260364.3 11233-038 4. Public Hearing. 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 Agreement Resolution_ Compliance. 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 for the consideration and approval of the pre -annexation and development agreement. 6. Findings of Consistency. Having duly examined and considered this Agreement and having held a properly noticed public hearing hereon, the City found that this Agreement satisfies Government Code section 65867.5 related to general plan consistency and Section 66473.7 related to water supply. AGREEMENT 1. Incorporation 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 Property, 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. Interest of the Landowner. Landowner has a legal or equitable 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 City and Landowner. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City 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 in 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") is 2015, which is the Effective Date of City Ordinance No. adopting this Agreement. 5.2 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 the 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 the City Council Resolution No. 2010-41 approving the land use designations for the Project site, City Council Ordinance No. 1869, granting Planned Development Zone P -E(39), and Resolution No. 14-19 approving the 1260364.3 11233-038 2 Vested Subdivision Map for the Reynolds Ranch Subdivision, all subject to the terms of the 2006 Settlement Agreement. 7. Fees and Taxes. 7.1 Existing Fees. Exactions. and Dedications. City Council Resolution No. 14-19, paragraph 81(b), obligates Landowner to pay Development Impact Mitigation Fees according to the Public Works Fee and Service Charge Schedule. Landowner shall have the vested right to satisfy the obligation of Paragraph 81(b) by paying the Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 ("Resolution No. 2012-14 Fees") for all units for which building permit applications are submitted on or before June 17, 2019 and construction is completed by December 17, 2019. For all units for which building permit applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019, Landowner waives the right to pay the Resolution No. 2012-14 Fees and agrees to pay the Development Impact Mitigation Fees according to the Impact 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 Council 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 Community Facilities_ District. Reynolds Ranch is part of Community Facilities District 2007 1 (Public Services). The City will institute proceedings to amend the tax formula to reduce the special taxes 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 time 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 Cancellation. This Agreement may be amended in writing from time to time by mutual consent of the Parties 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 17.44.080 of the Municipal Code. 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 1260364.3 11233-038 3 Party shall constitute a material event of default ("Event of Default"). For purposes of this Agreement, 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 Default." A Complaining Party shall not exercise any of its remedies as the result of an Event 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 thirty (30) days of the Complaining Party giving notice. 11. Severability. 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 it is 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 invalid 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. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 13. Transfers and Assignments. From and after recordation of this Agreement against the Property, Landowner shall have the full right to assign this Agreement as to the Property, or any portion thereof, in connection with any sale, transfer or conveyance thereof, and upon the express written assignment by Landowner and assumption by the assignee of such, and the conveyance of Landowner's interest in the Property related thereto, Landowner shall be released from any further liability or obligation hereunder related to the portion of the Property so conveyed and the assignee shall be deemed to be the "Landowner," with 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 assignment shall be subject to the approval of the City Attorney, neither of which shall be unreasonably withheld. 14. Agreement 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 operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with 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 benefit to and a burden upon each Party and its Property hereunder and each other person succeeding to an interest in such properties. 15. Bankruptcy. The obligations of this Agreement shall not be dischargeable in Bankruptcy. 1260364.3 11233-038 4 16. Indemnification. Landowner agrees to defend and hold harmless the City, its elected and appointed commissions, officers, agents, employees, and representatives 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. Third -Party Beneficiaries. 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 certified mail, return receipt requested, postage prepaid. Notice 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: SKINNER RANCH HOLDINGS, LP ATTN: Dale Gillespie 1420 S. Mills Ave., Suite M Lodi, CA 95240 19. Form of Agreement, Recordation 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. 20. 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. 1260364.3 11233-038 5 IN WITNESS WHEREOF, the City of Lodi, a municipal corporation, 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 5th day of August 2015, and Landowner has caused this Agreement to be executed. CITY OF LODI a municipal corporation By: Stephen Schwabauer City Manager ATTEST: Jennifer M. Ferraiolo, City Clerk Approved as to form: Janice D. Magdich, City Attorney 1260364.3 11233-038 6 SKINNER RANCH HOLDINGS, INC. By M Skinner Properties, LLC If l � By. Barton R. Robertson, Manager Its: _O ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CatKQrrlrl@ County of �� In ] On �LAASA9 � before me,DiQv�� b U&6> a OcAa!LLA aldcc. (insert name and ti !e of the officer) personally appeared 1 , Uw-��!(1 — — who proved to me on the basis of satisfactory evidence to be the person(+) whose named is/are- subscribed to the within instrument and acknowledged to me that helms executed the same in his/��„�r,� authorized capacity(ies'j, and that by his/bQ41i&signature(sj on the instrument the personV, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES .hand and officia eal.LO IiobrPCorOna Sul Joaquin County My Comm, E iras Oct 5. 201 a Signature al) Exhibit A-1 1260364.3 11233-038 POR. SEC. 24 T. 3N. R. 6E., M.D.B.&M. THJS MAP �S AS'r.SSM[-NT U5- %D' LANE— .7 (D4, V (D6 CIO' 19, A — P- K Bk. 25 Pg, OaB "-0-14w �2) Y -W -- --c Bk. �' �151 058-65 I = JIM, III CITY OF LODE Assessor's Map Bk.058 Pg.65 County of Son Joaquin, Calif. CED J Exhibit A-2 1260364.3 11233-038 ft Reynolds Ranch 227 MLD, 330 RHD SUBJECT: 'lease immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUMMARY OF ORDINANCE NOS. 1908, 1909, 1910, 1911, 1913, AND 1914 PUBLISH DATE: SATURDAY, AUGUST 22, 2015 14 =ICTI TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: JENNIFER M. FERRAIOLO, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, AUGUST 20, 2015 ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK PAMELA M. FARRIS DEPUTY CITY CLERK ELENA STODDARD ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File SEND PROOF OF ADVERTISEMENT. THAM[ YOU.". Emailed to the Sentinel at dianer@lodinews.com at Q36t (time) on (dat,) (pages) LNS Phoned to confirm receipt of all pages at (time) _PMF ES (initials) N:\Administration\CLERK\OrdSummaries\Advins.doc CITY OF LODI ORDINANCE NO. 1908 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Reynolds Ranch Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. Introduced August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1909 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE ROSE GATE SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Rose Gate Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact 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. Introduced August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1910 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE VAN RUITEN RANCH SUBDIVISION. The purpose of this ordinance is to enter into an agreement between the City and the Van Ruiten Ranch Subdivision developer in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. The City agrees to amend the tax formula to reduce the special taxes levied against the properties subject to the Development Agreement. Introduced August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1911 AN ORDINANCE OF THE LODI CITY COUNCIL LEVYING AND APPORTIONING THE SPECIAL TAX IN TERRITORY ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) (ANNEXATION NO. 2). The purpose of this ordinance is to levy and apportion the special tax within the territory annexed into the Community Facilities District No. 2007-1 as Annexation No. 2. Introduced August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1913 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 15 — BUILDINGS AND CONSTRUCTION — BY ADDING CHAPTER 15.19, "EXPEDITED PERMIT PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS." The purpose of this ordinance is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems. Introduced August 5, 2015. Adopted August 19, 2015; and effective September 18, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. ORDINANCE NO. 1914 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE CHAPTER 17.18 — RESIDENTIAL ZONING DISTRICTS — BY REPEALING AND RE- ENACTING SECTION 17.18.030, "RESIDENTIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS;" AND AMENDING CHAPTER 17.22 — MIXED USE ZONING DISTRICTS — BY REPEALING AND RE-ENACTING SECTION 17.22.030, "MIXED USE ZONING DISTRICTS LAND USES AND PERMIT REQUIREMENTS," IN THEIR ENTIRETY. The purpose of this ordinance is to amend the Zoning Code to allow transitional and supportive housing in all zones where residential housing is allowed, subject to the provisions of other laws or ordinances. Introduced August 19, 2015. Adoption to be considered September 2, 2015. AYES: Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson; NOES: None; ABSENT: None. Jennifer M. Ferraiolo, City Clerk City of Lodi August 19, 2015 Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1908 AN ORDINANCE OF THE LODI CITY COUNCIL ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION On Thursday, August 20, 2015, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1908 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. declare under penalty of perjury that the foregoing is true and correct. Executed on August 20, 2015, at Lodi, California. Pamela M. Farris Deputy City Clerk ordsummaries%aDecPost. doc ORDERED BY: JENNIFER M. FERRAIOLO CITY CLERK Elena Stoddard Administrative Clerk ORDINANCE NO. 1908 lc�fi I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LODI ADOPTING A DEVELOPMENT AGREEMENT REDUCING COMMUNITY FACILITIES DISTRICT SPECIAL TAXES AND WAIVING VESTING MAP RIGHTS FOR THE REYNOLDS RANCH SUBDIVISION (DEVELOPMENT AGREEMENT — REYNOLDS RANCH SUBDIVISION) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LODI AS FOLLOWS: SECTION 1. The properties subject to this Development Agreement include the following: Property south of Harney Lane and west of Reynolds Ranch Parkway, Lodi, California 95240 (APN: 058-650-04) SECTION 2. The applicant for the Development Agreement is as follows: Skinner Ranch Holdings, L.P., c/o Mr. Dale Gillespie. SECTION 3. The requested Development Agreement is summarized as follows: Development Agreement (Reynolds Ranch Subdivision) is an agreement between the City and the developer, in which the developer agrees to waive the vested right to pay Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 for all units for which building applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019. 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. SECTION 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. SECTION 5. The City Council certified an Environmental Impact Report ("EIR") for the Reynolds Ranch on August 30, 2006 (State Clearinghouse No. 2006012113). The project is consistent with the Reynolds Ranch EIR and no further environmental review is required pursuant to CEQA Guidelines section 15162. Further, City Council certified an EIR for the 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. SECTION 6. The City Council hereby adopts Ordinance No. 1908 approving the Development Agreement by and between the City of Lodi and Skinner Ranch Holdings, L.P., attached herein as Exhibit A. 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 8. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the 01 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. SECTION 9. This ordinance shall take effect thirty (30) days from and after its adoption. The ordinance summary 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 at 221 West Pine Street, Lodi, California. Approved this 19th day of August, 2015 BOB JOHNSON Mayor Attest: JENNIFER M. FERRAIOLO City Clerk State of California County of San Joaquin, ss. I, Jennifer Ferraiolo, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1908 was 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, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1908 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. Approved as to Form: JANICE D. MAGDICH City Attorney Pi JENNIFER M. FERRAIOLO City Clerk EXHIBIT A DEVELOPMENT AGREEMENT REYNOLDS RANCH SUBDIVISION OFFICIAL BUSINESS Document entitled to free recording Government -Code 6e0tim 6103— . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Lodi P.O. Box 3006 Lodi, CA 95241-19910 ATTN: Citv Clerk (SPACE ABOVE THIS LINE RESERVED FOR DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LODI AND SKINNER RANCH HOLDINGS, LP FOR THE REYNOLDS RANCH SUBDIVISION 12603e4.3 11233-038 DEVELOPMENT AGREEMENT FOR SKINNER RANCH HOLDINGS, LP REYNOLDS RANCH 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 ("City"), and SKINNER RANCH HOLDINGS, LP ("Landowner"). 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 seq., which authorizes the City and any person having a legal or equitable 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. Property. Landowner holds a legal or equitable interest in certain real property located in the City of Lodi, County of San Joaquin, more particularly described in Exhibit A-1 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. Pro'ect APRrovalls. Landowner has obtained various approvals from the City for a development known as Reynolds Ranch ("Project") on the Property. These approvals include the following: 3.1 City Council Resolution No. 2010-41, adopted by the City Council on April 7, 2010, approving the land use designation as Medium -Density Residential, High -Density Residential, Industrial and Open Space for the Project site. 3.2 City Council Ordinance No. 1869, effective March 21, 2013, granting Planned Development Zone P -E(39) to allow Medium -Density Residential, High -Density Residential, and Open Space for the Project site. 3.3 Reynolds Ranch Final EIR, State Clearinghouse No. 2006012113, certified by the City Council on August 30, 2006 and an addendum to the Final EIR, certified on September 17, 2008. 3.4 Resolution No. 14-19, adopted by the Planning Commission of the City of Lodi on June 25, 2014, approving the Vested Subdivision Map for the Reynolds Ranch Subdivision. 3.5 City Council Ordinance No. 1785, approving a development agreement applicable to the Property, as well as other adjacent properties. City Council Ordinance No. 1865, effective November 16, 2012, rescinded Ordinance No. 1785, terminating the development agreement, except for those terms surviving the termination, including the August 26, 2006 Settlement Agreement between San Joaquin Valley Land Company LLC, Citizens for Open Government, and the City ("2006 Settlement Agreement"). In addition, the Property is part of Community Facilities District No. 2007 1 (Public Services) formed to provide certain services to the Property. 1260364.3 11233-038 4. Public Hearing. 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 Agreement Resolution Compliance. 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 for the consideration and approval of the pre -annexation and development agreement. 6. Findings of Consistent . Having duly examined and considered this Agreement and having held a properly noticed public hearing hereon, the City found that this Agreement satisfies Government Code section 65867.5 related to general plan consistency and Section 66473.7 related to water supply. AGREEMENT 1. Incorporation 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 Property. 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. Interest of the Landowner. Landowner has a legal or equitable 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 City and Landowner. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City 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 in any document executed in connection herewith shall be construed as making City and Landowner joint ventures or partners. 5. Effective Date and Terra 5.1 The effective date of this Agreement ("Effective Date") is 2015, which is the Effective Date of City Ordinance No. adopting this Agreement. 5.2 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 the 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 the City Council Resolution No. 2010-41 approving the land use designations for the Project site, City Council Ordinance No. 1869, granting Planned Development Zone P -E(39), and Resolution No. 14-19 approving the 1260364.3 11233-038 2 Vested Subdivision Map for the Reynolds Ranch Subdivision, all subject to the terms of the 2006 Settlement Agreement. 7. Fees and Taxes. 7.1 Existing Fees, Exactions, and Dedications. City Council Resolution No. 14-19, paragraph 81(b), obligates Landowner to pay Development Impact Mitigation Fees according to the Public Works Fee and Service Charge Schedule. Landowner shall have the vested right to satisfy the obligation of Paragraph 81(b) by paying the Development Impact Mitigation Fees according to the Impact Mitigation Fee Program Schedule adopted by Resolution No. 2012-142 ("Resolution No. 2012-14 Fees") for all units for which building permit applications are submitted on or before June 17, 2019 and construction is completed by December 17, 2019. For all units for which building permit applications are submitted on or after June 17, 2019 or construction is not completed by December 17, 2019, Landowner waives the right to pay the Resolution No. 2012-14 Fees and agrees to pay the Development Impact Mitigation Fees according to the Impact 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 Council 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 Community Facilities District. Reynolds Ranch is part of Community Facilities District 2007 1 (Public Services). The City will institute proceedings to amend the tax formula to reduce the special taxes 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 time 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 Cancellation. This Agreement may be amended in writing from time to time by mutual consent of the Parties 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 17.44.080 of the Municipal Code. 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 1260364.3 11233-038 3 Party shall constitute a material event of default ("Event of Default"). For purposes of this Agreement, a Party claiming another Party is in default shall be referred to as the "Complaining Party," and the Party alleged t4 be in default shall be referred. to as the "Party in Default." A Complaining Party shall not exercise any of its remedies as the result of an Event 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 thirty (30) days of the Complaining Party giving notice. 11. Severability. 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 it is 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 invalid 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. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 13. Transfers and Assignments. From and after recordation of this Agreement against the Property, Landowner shall have the full right to assign this Agreement as to the Property, or any portion thereof, in connection with any sale, transfer or conveyance thereof, and upon the express written assignment by Landowner and assumption by the assignee of such, and the conveyance of Landowner's interest in the Property related thereto, Landowner shall be released from any further liability or obligation hereunder related to the portion of the Property so conveyed and the assignee shall be deemed to be the "Landowner," with 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 assignment shall be subject to the approval of the City Attorney, neither of which shall be unreasonably withheld. 14. Agreement 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 operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with 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 benefit to and a burden upon each Party and its Property hereunder and each other person succeeding to an interest in such properties. 15. Bankruptcy. The obligations of this Agreement shall not be dischargeable in Bankruptcy. 1260364.3 11233-038 4 16. Indemnification. Landowner agrees to defend and hold harmless the City, its elected and appointed commissions, officers, agents, employees, and representatives 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. Third -Party Beneficiaries. 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 certified mail, return receipt requested, postage prepaid. Notice 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: SKINNER RANCH HOLDINGS, LP ATTN: Dale Gillespie 1420 S. Mills Ave., Suite M Lodi, CA 95240 19. Form of Agreement, Recordation 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. 20. 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. 1260364.3 11233-038 5 IN WITNESS WHEREOF, the City of Lodi, a municipal corporation, 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 5th day of August 2015, and Landowner has caused this Agreement to be executed. CITY OF LODI a municipal corporation By: Stephen Schwabauer City Manager ATTEST: Jennifer M. Ferraiolo, City Clerk Approved as to form: Janice D. Magdich, City Attorney 1260364.3 11233-038 6 SKINNER RANCH HOLDINGS, INC. By M Skinner Properties, LLC If l � By. Barton R. Robertson, Manager Its: _O ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Cal' rnia County of } On ��l`Lt J .� before me }]i e.v�f.[ Ct 51C (insert name and ti !e of the officer)' personally appeared 4K l `3 ►�� rl who proved to me on the basis of satisfactory evidence to be the personal whose name`) is/ace- subscribed to the within instrument and acknowledged to me that he/eheA4ey executed the same in his/fierf#�ie authorized capacitypesr and that by his/ho44 eirsignatursFsj on the instrument the personal, or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MW D. WITNES and and oFficia al. Com" Ip M100d O �y PtAft - Wlitornle LD 0M JOWIM Courcy M Comm. E Ires Oct 5, 2ol8 J Signature , al) Exhibit A-1 1260364.3 11233-038 POR. SEC. 24 T.3N. R. 6E., M.D.B.&M. NIS XW TS FOP AS c55MFti? US--- �.LY ( 30k� I 25 P9_ 086 058=65 UFM CITY OF LODE Assessor's Map Bk.058 P9.65 County of Son Joaquin, Calif. Exhibit A-2 1260364.3 11233-038 ` y Is • *r * ■ ■2■ a i r•ei �. * r �� � ! � #fir+i! ••!-• • ► •i • Ip '�■ a■ 040■a■r■_■:* ■r � s �,� s r■ ■tea■■_■■�■r •r fo 0 O r ra P ! f-1-1 -!!!t!! ■J� # i ! / + As Oe 0 0 ♦ w r • ! ■ Reynolds Ranch 227 MLD, 330 RHD