HomeMy WebLinkAboutRES NO 120-13RESOLUTION NO. 1 2 0 , 13
A RESOLUTION OF THE CITY OF BAKERSFIELD
RECOMMENDING APPROVAL OF AN
AMENDMENT OF THE DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF
BAKERSFIELD, CASTLE & COOKE CALIFORNIA,
INC. AND BOLTHOUSE PROPERTIES, LLC., AND
FINDING THAT THE PROPOSED AMENDMENT IS
EXEMPT FROM THE REQUIREMENTS OF CEQA
WHEREAS, in August 2007, the City entered into a Development
Agreement ( #07 -310) (the "Agreement ") with Castle & Cooke California
Inc., and Bolthouse Properties LLC regarding the future development of
approximately 2,180 acres of land in west Bakersfield, more commonly
known as the West Ming Specific Plan area (the "Area "); and
WHEREAS, during the September 5, 2013 Planning Commission
meeting, the Commission recommended to the City Council that the
Agreement be amended to limit the scope of the required community
facilities district ( "CFD ") to services only and not infrastructure or facilities
since financing public infrastructure or facilities could trigger prevailing
wage requirements on any improvements constructed by the developer;
and
WHEREAS, the Planning Commission also further recommended that
the City Council amend the term of the Agreement and the scope of the
special taxes outlined in the Agreement, including those related to the
CFD, to clarify an ambiguity in the Agreement and allow the special taxes
to be assessed for a full twenty -year period from the date each residential
permit is pulled, which was the City's intent; and
WHEREAS, after the CFD is formed, new residential development in
the Area will be assessed annually to help offset the cost of fire and police
protection services required by the new development within the Area;
and
WHEREAS, staff has determined that existing police and fire facilities
adjacent to the Area are adequate to service the Area, and owners of
residential property within the Area will fund, through the CFD, additional
police and fire services utilizing those existing facilities. The Amendment
then is consistent with the Metropolitan Bakersfield General Plan and the
West Ming Specific Plan; and
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WHEREAS, the parties to the Agreement have mutually agreed to
propose the attached amendment to limit the scope of the CFD and
clarify the term of the Agreement and the scope of the related special
taxes; and
WHEREAS, the amendment is exempt from the requirements of the
California Environmental Quality Act (CEQA), pursuant to State CEQA
Guidelines Section 15061(b) (3), General Rule; and
WHEREAS, the Clerk of the Council of the City of Bakersfield set,
Thursday, September 11, 2013, at 5:15 p.m. in the Council Chambers of
City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and
place for a public hearing before the Council of the City of Bakersfield to
consider the application, and notice of the public hearing was given in
the manner provided in by Government Section 65867.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
1. That the above recitals, incorporated herein, are true and
correct;
2. That the amendment is exempt from the requirements of
CEQA;
3. For the reasons stated above, that the amendment is
consistent with the Metropolitan Bakersfield General Plan and the West
Ming Specific Plan; and
4. That Amendment No. 1 to the Development Agreement
attached hereto as Exhibit "A" is hereby approved.
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HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular meeting
thereof held on September 11, 2013, by the following vote:
AY� COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANKON, SULLIVA , JOHNSON
NOES: COUNCILMEMBER ,nlNsa-
ABSTAIN: COUNCILMEMBER 6�
ABSENT: COUNCILMEMBER YlG`(�Sl/
Ni •
SEP 11 1013
HARVEY L. HALL
Mayor
—C-4" za" —
CITY CLERK and Ex Officio berk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By OAMA
ANDREW HEGLUN
Deputy City Attorney
AH /vl
Attachment: Exhibit A — Amendment No. 1 to Development Agreement
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AGREEMENT NO. 07 -310 (1)
AMENDMENT NO. 1 TO
AGREEMENT NO. 07 -310
This AMENDMENT NO. 1 TO AGREEMENT NO. 07 -310 is made and entered
into on , by and between the CITY OF BAKERSFIELD, a charter
city and a municipal corporation (referred to herein as "CITY "), CASTLE & COOKE
CALIFORNIA, INC., a California corporation ( "CASTLE & COOKE "), BOLTHOUSE
PROPERTIES, LLC, a California limited liability corporation ( "BOLTHOUSE ") (CASTLE
& COOKE and BOLTHOUSE collectively "DEVELOPER "), HOUCHIN COMMUNITY
BLOOD BANK, a California public benefit nonprofit corporation ( "HOUCHIN "),
HOFFMAN HOSPICE OF THE VALLEY, INC, a California public benefit nonprofit
corporation ( "HOFFMAN "), KERN SCHOOLS FEDERAL CREDIT UNION, a federally
chartered credit union ( "KERN SCHOOLS "), SIERRA OAKS PARTNERS, LLC, a
California limited liability company ( "SIERRA "), and BOLTHOUSE DEVELOPMENT
COMPANY, LLC, a California limited liability company ( "BDC "), (HOUCHIN,
HOFFMAN, KERN SCHOOLS, SIERRA, and BDC, each a "CONSENTING PARTY" and
collectively "CONSENTING PARTIES ").
RECITALS
WHEREAS, on August 29, 2007, CITY and DEVELOPER entered into
Agreement No. 07 -310 (the "Development Agreement ") through which
DEVELOPER would develop the "West Ming Specific Plan "; and
WHEREAS, the Development Agreement does not accurately memorialize
CITY's intent related to the imposition of certain fees and special taxes required
by the Development Agreement; and
WHEREAS, CITY intended that those fees and special taxes be required of
each residential unit built within the West Ming Specific Plan equally throughout
the Term of the Development Agreement, as amended herein; and
WHEREAS, the parties desire to amend the term of the Development
Agreement to allow those fees and special taxes to be imposed and collected in
accordance with CITY's intent; and
WHEREAS, the parties also desire to amend Section I.C., "Community
Facility District for Public Facilities and Operation and Maintenance" of the
Development Agreement to clarify the purpose for which the Community
Facilities District will be established under the Development Agreement.
Amendment No. 1 to Agreement No. 07 -310
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NOW, THEREFORE, incorporating the foregoing recitals herein, CITY,
DEVELOPER, and CONSENTING PARTIES mutually agree to amend the
Development Agreement as follows:
1. Section I, Paragraph C of the Development Agreement entitled
"Community Facility District for Public Facilities and Operation and Maintenance"
is hereby amended to read as follows:
C. Community Facility District for Fire and Police
Protection Services. Developer agrees to support the
establishment of a Community Facilities District (the
"Services CFD ") for the sole purpose of providing fire
and police protection services in the West Ming
Specific Plan ( "Fire and Police Protection Services ").
The Services CFD shall be for services only, and shall
not provide funds for construction or maintenance of
facilities. All special taxes levied by the Services CFD
shall be paid to the City for Fire and Police Protection
Services. The special taxes will be calculated and
levied as outlined on the Rate and Method of
Apportionment of Special Tax ( "RMA "), attached
hereto as Exhibit D and incorporated herein by this
reference; provided, however, that if any term in this
Agreement has a different meaning than the meaning
attributed to that term in the RMA, the definition in this
Agreement controls as it relates to the term's usage in
this Agreement.
2. Section II, Paragraph G of the Development Agreement entitled
"Term of Map(s)" is hereby amended to read as follows:
G. Term of Map(s). Pursuant to California
Government Code Sections 66452.6(a) and 65863.9, the
term of any tentative map(s), map(s), vesting tentative
map(s), tentative parcel map(s), vesting parcel map(s),
tract map(s), final map(s), and any other form of
subdivision map(s) relating to all or a portion of the
Project on all or any portion of the Property shall be
extended for a period of time to the longer of, (i) the
scheduled termination date of this Agreement, or (ii) the
term of such maps under applicable provisions of the
Subdivision Map Act, including any non - discretionary
extensions and any granted discretionary extensions
thereof; except that development impact fees shall be
Amendment No. 1 to Agreement No. 07 -310
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frozen by virtue of any such map only for a period of
time equal to the term of such map(s) which would exist
absent this Agreement under applicable provisions of
the Subdivision Map Act, including any automatic
non - discretionary extensions thereof.
3. Section IV, Paragraph H of the Development Agreement entitled
"Term" is hereby amended to read as follows:
H. Term. Subject to the provisions of this Section and
Section III.J., this Agreement shall commence upon the
Effective Date and terminate when the Project has
been fully developed and all of the City's and
Developer's obligations in connection with the Project
are satisfied as mutually determined by the City and the
Developer (the "Term "), unless the Term is otherwise
terminated, modified or extended by circumstances set
forth in this Agreement or by mutual consent of the
parties. Following the expiration of the Term, this
Agreement shall be deemed terminated and of no
further force or effect; provided, however, that:
1. The expiration of the Term shall not affect
any right or duty arising from City approvals, including,
without limitation, the Project Approvals, the Future
Approvals, the Ministerial Approvals and any
reimbursement agreement(s) entered into pursuant to
the terms of this Agreement;
2. All obligations of Developer hereunder shall
be deemed discharged and fulfilled with respect to lots
or parcels shown on duly filed final subdivision maps
upon final inspection and occupancy, subject to
compliance with (a) the conditions imposed in
connection with such filing, and (b) the conditions
imposed in connection with the issuance of the building
permits; provided, however, that termination of this
Agreement as to any such lots or parcels shall not affect
any requirements to comply with the terms and
conditions of the applicable zoning, any development
plan approvals, approval and acceptance of
infrastructure improvements, any applicable permits, or
any subdivision map or land use entitlements approved
with respect to the Project, nor shall it affect any other
Amendment No. 1 to Agreement No. 07 -310
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covenants specified in this Agreement to continue after
the termination of this Agreement; and
3. This Agreement shall terminate with respect
to any lot and such lot shall be released and no longer
be subject to this Agreement, without the execution or
recordation of any further document, when a
certificate of occupancy has been issued for the
building(s) on the lot except to the extent that any
homeowners' association or property owners'
association has incurred obligations as referenced in this
Agreement or any special taxes have been imposed
through the Services CFD as provided for herein.
4. The text of Section IV, Paragraph I of the Development Agreement
entitled "Termination" is hereby stricken in its entirety and amended to read as
follows:
I. Intentionally omitted.
5. CONSENTING PARTIES hereby acknowledge and agree that, (i) all of
the provisions of the Agreement, as amended by this Amendment, constitute
covenants running with the land, and (ii) CONSENTING PARTIES and each of them
are successors in title to BOLTHOUSE and CASTLE & COOKE, and that all of the
provisions, agreements, rights, powers, standards, terms, covenants and
obligations contained in the Agreement, as modified by this Amendment, are
and shall, to the extent of CONSENTING PARTIES' respective lands within the West
Ming Specific Plan or Property, be binding upon CONSENTING PARTIES and their
respective heirs, successors (by merger, reorganization, consolidation or
otherwise) and assigns, devisees, administrators, representatives, lessees, and all
other persons acquiring said lands, or any portion thereof, or any interest therein,
whether by operation of law or in any manner whatsoever, and shall inure to the
benefit of CONSENTING PARTIES and their respective heirs, successors (by merger,
reorganization, consolidation or otherwise) and assigns, devisees, administrators,
representatives, lessees, and all other persons acquiring said lands, or any portion
thereof, or any interest therein, whether by operation of law or in any manner
whatsoever.
6. From and after the date first written above, all references in the
Agreement to the "Agreement" shall be deemed to be references to the
Agreement as amended by this Amendment.
7. Except as amended herein, all other provisions of the Development
Agreement shall remain in full force and effect.
Amendment No. 1 to Agreement No. 07 -310
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.
1 to the Development Agreement to be executed the day and year first above
written.
"CITY" "DEVELOPER"
CITY OF BAKERSFIELD CASTLE & COOKE CALIFORNIA, INC.
By:
HARVEY L. HALL
Mayor
APPROVED AS TO CONTENT:
COMMUNITY DEVELOPMENT
DOUGLAS MCISAAC
Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY ATTORNEY
ANDREW HEGLUND
Deputy City Attorney
By:
Print Name:
Title:
By:
Print Name:
Title:
BOLTHOUSE PROPERTIES, LLC
By:
Print Name:
Title:
APPROVED AS TO FORM:
JONES & BEARDSLEY, P.C.
MARK A. JONES, ESQ.
Additional Signatures on Following Page
Amendment No. 1 to Agreement No. 07 -310
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COUNTERSIGNED: "CONSENTING PARTIES"
HOUCHIN COMMUNITY BLOOD BANK
NELSON SMITH By:
Finance Director
Print Name:
Title:
HOFFMAN HOSPICE OF THE VALLEY, INC.
By:
Print Name:
Title:
KERN SCHOOLS FEDERAL CREDIT UNION
By:
Print Name:
Title:
SIERRA OAKS PARTNERS, LLC
LN
Print Name:
Title:
BOLTHOUSE DEVELOPMENT COMPANY,
LLC
By:
Print Name:
Title:
AH:vl
Amendment No. 1 to Agreement No. 07 -310
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AGREEMENT NO. 07 -310 (1)
AMENDMENT NO. 1 TO
AGREEMENT NO. 07 -310
This AMENDMENT NO. 1 TO AGREEMENT NO. 07 -310 is made and entered
into on SEP 1 1 1013 , by and between the CITY OF BAKERSFIELD, a charter
city and a municipal corporation (referred to herein as "CITY "), CASTLE & COOKE
CALIFORNIA, INC., a California corporation ( "CASTLE & COOKE "), BOLTHOUSE
PROPERTIES, LLC, a California limited liability corporation ( "BOLTHOUSE ") (CASTLE
& COOKE and BOLTHOUSE collectively "DEVELOPER "), HOUCHIN COMMUNITY
BLOOD BANK, a California public benefit nonprofit corporation ( "HOUCHIN "),
HOFFMANN HOSPICE OF THE VALLEY, INC, a California public benefit nonprofit
corporation ( "HOFFMAN "), KERN SCHOOLS FEDERAL CREDIT UNION, a federally
chartered credit union ( "KERN SCHOOLS "), SIERRA OAKS PARTNERS, LLC, a
California limited liability company ( "SIERRA "), and BOLTHOUSE DEVELOPMENT
COMPANY, LLC, a California limited liability company ( "BDC "), (HOUCHIN,
HOFFMAN, KERN SCHOOLS, SIERRA, and BDC, each a "CONSENTING PARTY" and
collectively "CONSENTING PARTIES ").
RECITALS
WHEREAS, on August 29, 2007, CITY and DEVELOPER entered into
Agreement No. 07 -310 (the "Development Agreement ") through which
DEVELOPER would develop the "West Ming Specific Plan "; and
WHEREAS, the Development Agreement does not accurately memorialize
CITY's intent related to the imposition of certain fees and special taxes required
by the Development Agreement; and
WHEREAS, CITY intended that those fees and special taxes be required of
each residential unit built within the West Ming Specific Plan equally throughout
the Term of the Development Agreement, as amended herein; and
WHEREAS, the parties desire to amend the term of the Development
Agreement to allow those fees and special taxes to be imposed and collected in
accordance with CITY's intent; and
WHEREAS, the parties also desire to amend Section I.C., "Community
Facility District for Public Facilities and Operation and Maintenance" of the
Development Agreement to clarify the purpose for which the Community
Facilities District will be established under the Development Agreement.
Amendment No. 1 to Agreement No. 07 -310
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NOW, THEREFORE, incorporating the foregoing recitals herein, CITY,
DEVELOPER, and CONSENTING PARTIES mutually agree to amend the
Development Agreement as follows:
1. Section I, Paragraph C of the Development Agreement entitled
"Community Facility District for Public Facilities and Operation and Maintenance"
is hereby amended to read as follows:
C. Community Facility District for Fire and Police
Protection Services. Developer agrees to support the
establishment of a Community Facilities District (the
"Services CFD ") for the sole purpose of providing fire
and police protection services in the West Ming
Specific Plan ( "Fire and Police Protection Services ").
The Services CFD shall be for services only, and shall
not provide funds for construction or maintenance of
facilities. All special taxes levied by the Services CFD
shall be paid to the City for Fire and Police Protection
Services. The special taxes will be calculated and
levied as outlined on the Rate and Method of
Apportionment of Special Tax ( "RMA "), attached
hereto as Exhibit D and incorporated herein by this
reference; provided, however, that if any term in this
Agreement has a different meaning than the meaning
attributed to that term in the RMA, the definition in this
Agreement controls as it relates to the term's usage in
this Agreement.
2. Section II, Paragraph G of the Development Agreement entitled
"Term of Map(s)" is hereby amended to read as follows:
G. Term of Map(s). Pursuant to California
Government Code Sections 66452.6(a) and 65863.9, the
term of any tentative map(s), map(s), vesting tentative
map(s), tentative parcel map(s), vesting parcel map(s),
tract map(s), final map(s), and any other form of
subdivision map(s) relating to all or a portion of the
Project on all or any portion of the Property shall be
extended for a period of time to the longer of, (i) the
scheduled termination date of this Agreement, or (ii) the
term of such maps under applicable provisions of the
Subdivision Map Act, including any non - discretionary
extensions and any granted discretionary extensions
thereof; except that development impact fees shall be
Amendment No. 1 to Agreement No. 07 -310
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frozen by virtue of any such map only for a period of
time equal to the term of such map(s) which would exist
absent this Agreement under applicable provisions of
the Subdivision Map Act, including any automatic
non - discretionary extensions thereof.
3. Section IV, Paragraph H of the Development Agreement entitled
"Term" is hereby amended to read as follows:
H. Term. Subject to the provisions of this Section and
Section III.J., this Agreement shall commence upon the
Effective Date and terminate when the Project has
been fully developed and all of the City's and
Developer's obligations in connection with the Project
are satisfied as mutually determined by the City and the
Developer (the "Term "), unless the Term is otherwise
terminated, modified or extended by circumstances set
forth in this Agreement or by mutual consent of the
parties. Following the expiration of the Term, this
Agreement shall be deemed terminated and of no
further force or effect; provided, however, that:
1. The expiration of the Term shall not affect
any right or duty arising from City approvals, including,
without limitation, the Project Approvals, the Future
Approvals, the Ministerial Approvals and any
reimbursement agreement(s) entered into pursuant to
the terms of this Agreement;
2. All obligations of Developer hereunder shall
be deemed discharged and fulfilled with respect to lots
or parcels shown on duly filed final subdivision maps
upon final inspection and occupancy, subject to
compliance with (a) the conditions imposed in
connection with such filing, and (b) the conditions
imposed in connection with the issuance of the building
permits; provided, however, that termination of this
Agreement as to any such lots or parcels shall not affect
any requirements to comply with the terms and
conditions of the applicable zoning, any development
plan approvals, approval and acceptance of
infrastructure improvements, any applicable permits, or
any subdivision map or land use entitlements approved
with respect to the Project, nor shall it affect any other
Amendment No. 1 to Agreement No. 07 -310
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covenants specified in this Agreement to continue after
the termination of this Agreement; and
3. This Agreement shall terminate with respect
to any lot and such lot shall be released and no longer
be subject to this Agreement, without the execution or
recordation of any further document, when a
certificate of occupancy has been issued for the
building(s) on the lot except to the extent that any
homeowners' association or property owners'
association has incurred obligations as referenced in this
Agreement or any special taxes have been imposed
through the Services CFD as provided for herein.
4. The text of Section IV, Paragraph I of the Development Agreement
entitled "Termination" is hereby stricken in its entirety and amended to read as
follows:
I. Intentionally omitted.
5. CONSENTING PARTIES hereby acknowledge and agree that, (i) all of
the provisions of the Agreement, as amended by this Amendment, constitute
covenants running with the land, and (ii) CONSENTING PARTIES and each of them
are successors in title to BOLTHOUSE and CASTLE & COOKE, and that all of the
provisions, agreements, rights, powers, standards, terms, covenants and
obligations contained in the Agreement, as modified by this Amendment, are
and shall, to the extent of CONSENTING PARTIES' respective lands within the West
Ming Specific Plan or Property, be binding upon CONSENTING PARTIES and their
respective heirs, successors (by merger, reorganization, consolidation or
otherwise) and assigns, devisees, administrators, representatives, lessees, and all
other persons acquiring said lands, or any portion thereof, or any interest therein,
whether by operation of law or in any manner whatsoever, and shall inure to the
benefit of CONSENTING PARTIES and their respective heirs, successors (by merger,
reorganization, consolidation or otherwise) and assigns, devisees, administrators,
representatives, lessees, and all other persons acquiring said lands, or any portion
thereof, or any interest therein, whether by operation of law or in any manner
whatsoever.
6. From and after the date first written above, all references in the
Agreement to the "Agreement" shall be deemed to be references to the
Agreement as amended by this Amendment.
7. Except as amended herein, all other provisions of the Development
Agreement shall remain in full force and effect.
Amendment No. 1 to Agreement No. 07 -310
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.
1 to the Development Agreement to be executed the day and year first above
written.
"CITY"
CITY OF BAKER IELD
By:
AffAiVEY L. HALL
Mayor
APPROVED AS TO CONTENT:
COMMUNITY DEVELOPMENT
By:
DO LAS MCISAAC
D' ctor
APPROVED AS TO FORM:
VIRGINIA GENNARO
CITY ATT NEY
By:
ANDREW HEGLUND
Deputy City Attorney
COUNTERSIGNED:
"DEVELOPER"
& COOKE CALIFORNIA, INC.
Print Name: �'u cN't- GMcat/1
Title: i )L et S '
By: duhtfl
Print Name: (. - <7"[k �� rte✓
Title: �5 Ole
BOLTHOUSE PROPERTIES, LLC
64j;;e
APPROVED AS TO FORM:
JONES & BEARDSLEY, P.C.
By:
M RK A. JONES, ESQ.
Additional Signatures on Following Page
Amendment No. I to Agreement No. 07 -310
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COUNTERSIGNED:
By:
NE O SMITH
Finance Director
AH:vI
"CONSENTING PARTIES"
HOUCHIN COMMUNITY BLOOD BANK
Title: #A ors. le, 4e, co.0
HOFFMMN H9JSPICE
OF TH9 VALL , INC.
By: I� /
Print Name: —
Title: PAX41'
-T--
KERN SCHOOLS FEDERAL CREDIT UNION
Y•
Print Name:
Title:
SIERRA A S ARTNERS, LLC
By: /�
Print Name: Cut / /" ,?y
Title:
BOLTHOUSE DEVELOPMENT COMPANY,
LLC
By
Print Name:
Title: Il
Amendment No. 1 to Agreement No. 07 -310
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