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HomeMy WebLinkAboutRES NO 225-14RESOLUTION NO. 229 - 14 A RESOLUTION OF THE CITY OF BAKERSFIELD RECOMMENDING APPROVAL OF AN AMENDMENT OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BAKERSFIELD, PB1 VENTURES, LLC; PB2 VENTURES, LLC; PB3 VENTURES, LLC; PB4 VENTURES, LLC; PB6 VENTURES, LLC AND PB7 VENTURES, LLC., AND FINDING THAT THE PROPOSED AMENDMENT IS EXEMPT FROM THE REQUIREMENTS OF CEQA WHEREAS, on December 14, 2005, the City entered into . a Development Agreement ( #05 -431) (the "Agreement ") with PB1 Ventures, LLC; PB2 Ventures, LLC; PB3 Ventures, LLC; PB4 Ventures, LLC; P136 Ventures, LLC; and PB7 Ventures, LLC., regarding the future development of approximately 1,833 acres of land in west Bakersfield, more commonly known as the "Old River Ranch" (the "Area "); and WHEREAS, during the December 4, 2014 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 o``0AKF9� S:\ COUNCIL\ Resos\ 14- 15\ OldRiverRanch- AmendAgr.ResoI2- 10- 14.docx m ~ r -- Page 1 of 3 Pages -- v o ORIGINAL police and fire services utilizing those existing facilities. The Amendment then is consistent with the Metropolitan Bakersfield General Plan; and 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, Wednesday, December 10, 2014, 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 4. That Amendment No. 1 to the Development Agreement attached hereto as Exhibit "A" is hereby approved. ---- - - - - -- 000---- - - - - -- o``�AKF9`rc S:\ COUNCIL\ Resos\ 14- 15\ OldRiverRanch- AmendAgr.Reso12- 10- 14.docx -- Page 2 of 3 Pages -- v o ORIGINAL 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 December 10, 2014, by the following vote: AY COUNCIL MEMBER RIVERA, MAXW LL, WEIR, HANSON, SULLIVAN, N, PAR NOES: COUNCILMEMBER YV�,nL ABSTAIN: COUNCILMEMBER_SIM1�'S�f. ABSENT: COUNCILMEMBER APPROVED DEC 10 2014 1M CITY CLERK and Ex Offici Itlerk of the Council of the City of Ba ersfield . — " — APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By "—"i ANDREW HEGL D Deputy City Attorney A H /vl Attachment: Exhibit A — Amendment No. 1 to Development Agreement o�0AK�9s S:\ COUNCIL\ Resos\ 14- 15\ OldRiverRanch- AmendAgr.Reso12- 10- 14.docx > =� I— rn -- Page 3 of 3 Pages -- ORIGINAL AGREEMENT NO. 05 -431 (1) AMENDMENT NO. 1 TO AGREEMENT NO. 05 -431 This AMENDMENT NO. 1 TO AGREEMENT NO. 05 -431 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 "), PB1 VENTURES, LLC, a Delaware limited liability company ( "PB1 "), PB2 VENTURES, LLC, a Delaware limited liability company ( "P132 "), PB3 VENTURES, LLC, a Delaware limited liability company ( "P133 "), PB4 VENTURES, LLC, a Delaware limited liability company ( "P134 "), PB6 VENTURES, LLC, a Delaware limited liability company ( "P136 "), and PB7 VENTURES, LLC, a Delaware limited liability company ( "P137) (P131, P132, P133, P134, PB6, and P137 are collectively referred to herein as "Owner "). WHEREAS, on December 14, 2005, City and Owner entered into Agreement No. 05 -431 (the "Development Agreement ") through which Owner would develop property commonly referred to as "Old River Ranch" and more specifically defined in the Development Agreement; 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 Old River Ranch 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," of the Development Agreement to clarify the purpose for which the Community Facilities District will be established under the Development Agreement; and WHEREAS, the Planning Commission held a duly noticed public hearing on this Amendment No. 1 on December 4, 2014; and Amendment No. 1 to Agreement No. 05 -431 S: \Planning \Old River Ranch- CFD \Oldriveramdl .Agreement- Final.Docx December 2, 2014 -- Page 1 of 8 Pages -- O�gAYCg�� ~ rm- U t7 ORIGINAL WHEREAS, the Council, after a duly noticed public hearing, adopted Ordinance No. , approving this Amendment No. 1, which Ordinance became effective on NOW, THEREFORE, incorporating the foregoing recitals herein, City and Owner mutually agree to amend the Development Agreement as follows: 1. Section I, Paragraph C of the Development Agreement entitled "Community Facility District" is hereby amended to read as follows: C. Community Facility District for Police and Fire Services. Owner agrees to support the establishment of a Community Facilities District (the "Services CFD ") for the sole purpose of providing police and fire services in the Property ( "Police and Fire 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 Police and Fire 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 C 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 F of the Development Agreement entitled "Term of Map(s)" is hereby amended to read as follows: F. Term of Man(sl. 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 Amendment No. 1 to Agreement No. 05 -431 S: \Planning \Old River Ranch - CFD \Oldriveramdl .Agreement- Final.Docx BAKF,p December 2, 2014 O -- Page 2 of 8 Pages U � ORIGINAL thereof; except that development impact fees shall be 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 shall terminate 20 years after the issuance of the last building permit for a residential unit within the Project (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 provisions of this Agreement; 2. All obligations of Owner 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 covenants specified in this Amendment No. 1 to Agreement No. 05 -431 S: \Planning \Old River Ranch- CFD \Oldriveramdl .Agreement- Final.Docx December 2, 2014 -- Page 3 of 8 Pages -- o�,9AKF9J' � m r v c� ORIGINAL 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 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. 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 No. 1. 6. Except as amended herein, all other provisions of the Development Agreement shall remain in full force and effect. [signatures on next page] Amendment No. 1 to Agreement No. 05 -431 S: \Planning \Old River Ranch - CFD \Oldriveromd 1.Agreement- Final.Docx December 2, 2014 -- Page 4 of 8 Pages -- U p ORIGINAL IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 05 -431, the Development Agreement, to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT DEPT. By: DOUGLAS McISAAC Director APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY By: ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director AH:vl /lsc Attachment: Exhibit "D" "OWNER" PB1 VENTURES, LLC, a Delaware limited liability company P1132 VENTURES, LLC, a Delaware limited liability company PB3 VENTURES, LLC, a Delaware limited liability company PB4 VENTURES, LLC, a Delaware limited liability company P1136 VENTURES, LLC, a Delaware limited liability company P1137 VENTURES, LLC, a Delaware limited liability company By: Petrini Bakersfield Ventures, LLC A Delaware limited liability company The Sole Member of Each of the Entities Listed Above By: PAMI LLC, Amendment No. 1 to Agreement No. 05 -431 S: \Planning \Old River Ranch- CFD \Oldriveramdl .Agreement- Final.Docx December 2, 2014 A Delaware limited liability company its Sole Member By: _ Name: Title: -- Page 5 of 8 Pages -- o� AKF9s r— m U p ORIGINAL ACKNOWLEDGMENT State of California County of On , before me, , a notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), 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. WITNESS my hand and official seal. (SEAL) ACKNOWLEDGMENT State of California County of On , before me, , a notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), 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. WITNESS my hand and official seal. (SEAL) Amendment No. 1 to Agreement No. 05 -431 S: \Planning \Old River Ranch- CFD \Oldriveramd 1.Agreement- Final.Docx December 2, 2014 -- Page 6 of 8 Pages -- o``�AKF9� F m U � ORIGINAL ACKNOWLEDGMENT State of California County of On , before me, , a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), 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. WITNESS my hand and official seal. (SEAL) ACKNOWLEDGMENT State of California County of On , before me, , a notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the some in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), 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. WITNESS my hand and official seal. (SEAL) Amendment No. 1 to Agreement No. 05 -431 S: \Planning \Old River Ranch- CFD \Oldriveramdl .Agreement- Final.Docx December 2, 2014 -- Page 7 of 8 Pages -- o�gAKF9� S � r v a ORIGINAI ACKNOWLEDGMENT State of California County of On , before me, , a notary public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), 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. WITNESS my hand and official seal. (SEAL) Amendment No. 1 to Agreement No. 05 -431 S: \Planning \Old River Ranch- CFD \Oldriveramdl .Agreement- Final.Docx December 2, 2014 -- Page 8 of 8 Pages -- P, K' 9q F- m v o QRIGINAI