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�
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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.
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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 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
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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
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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
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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
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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
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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
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A Delaware limited liability company
its Sole Member
By: _
Name:
Title:
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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
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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
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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
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