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Home My WebLink AboutRES NO 033-15RESOLUTION NO. 033- 15 X-Ref. 445-43�� A RESOLUTION OF THE CITY OF BAKERSFIELD RECOMMENDING APPROVAL OF A SECOND 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; PB7 VENTURES, LLC.; OLD RIVER RANCH, LLC; AND RTS ORCHARDS, 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 ( "PB1 "), PB2 VENTURES, LLC ( "PB2 "), PB3 VENTURES, LLC ( "PB3 "), PB4 VENTURES, LLC ( "PB4 "), PB6 VENTURES, LLC ( "PB6 "), and PB7 VENTURES, LLC ( "PB7 ") (PB1, PB2, PB3, PB4, PB6, and PB7 are collectively referred to herein as "Owner ") 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, on December 10, 2014, City and Owner amended the Development Agreement to change its term and clarify the purposes for which the required Community Facilities District would be formed; and WHEREAS, Owner is in the process of selling the Area to Old River Ranch, LLC and RTS Orchards, LLC (collectively "New Owners "); and WHEREAS, Owner has requested that the Development Agreement be amended to assign all of the benefits and obligations of the Development Agreement to New Owners; and WHEREAS, New Owners have agreed to be fully bound by all of the duties and obligations of the Development Agreement and have expressly assumed Owner's duties and obligations under the Development Agreement; and WHEREAS, during the March 19, 2015 Planning Commission meeting, the Commission recommended to the City Council that the Agreement be further amended to assign all of the benefits and obligations of the Agreement to New Owners. 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. S:\ COUNCIL\ Resos\ 14- 15\ OldRiverRanch- 2ndAmendAgr3- 25- 15.docx -- Page 1 of 3 Pages -- _ m ORIGINAL_ WHEREAS, the Clerk of the Council of the City of Bakersfield set, Wednesday, March 25, 2015, 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; and 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. 2 to the Development Agreement attached hereto as Exhibit "A" is hereby approved. ---- - - - - -- 000---- - - - - -- S: \COUNCIL \Resos\ 14- 15\ OldRiverRanch- 2ndAmendAgr3- 25- 15.docx -- Page 2 of 3 Pages -- T - m r C7 ,RIGINAI 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 March 25, 2015, by the following vote: AYES: N BSTA ABSENT: APPROVED COUNCIL MEMBER RIVERA, MAXWELL, WEIR, HANSON, SULLIVAN, PARL EI COUNCILMEMBER N COUNCILMEMBER `M COUNCILMEMBER NOW\Q_ MAR 252015 CITY CLERK and Ex Offi Jerk of the Council of the City of rsfield HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By (I - ANDREW HEGLUN Deputy City Attorney AHM Attachments: Exhibit A - Amendment No. 2 to Development Agreement S:\COUNCIL\Resos\14-15\OldRiverRanch-2ndAmendAgr3-25-15.docx -- Page 3 of 3 Pages -- m -: vii( -FINAL AGREEMENT NO. 05- 431(2) AMENDMENT NO.2 TO AGREEMENT NO. 05 -431 This AMENDMENT NO. 2 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 "), P132 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 "), P136 VENTURES, LLC, a Delaware limited liability company ( "P136 "), and PB7 VENTURES, LLC, a Delaware limited liability company ( "P137 ") (PB1, P132, P133, P134, PB6, and PB7 are collectively referred to herein as "Owner ") and OLD RIVER RANCH, LLC, a California limited liability company and RTS ORCHARDS, LLC, a California limited liability company (OLD RIVER RANCH, LLC and RTS ORCHARDS, LLC are collectively referred to herein as "New Owners "). RECITALS 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, on December 10, 2014, City and Owner amended the Development Agreement to change its term and clarify the purposes for which the required Community Facilities District would be formed; and WHEREAS, Owner is in the process of selling the Old River Ranch project to New Owners; and WHEREAS, Owner has requested that the Development Agreement be amended to assign all of the benefits and obligations of the Development Agreement to New Owners; and WHEREAS, New Owners are willing to be fully bound by all of the duties and obligations of the Development Agreement and hereby expressly assume all of Owner's duties and obligations under the Development Agreement; and WHEREAS, the Planning Commission held a duly noticed public hearing on this Amendment No. 2 on March 19, 2015; and Amendment No. 2 to Agreement No. 05 -431 S: \Planning \Agrs\ 14- 15 \Oldriveramd2.Agreement.Docx March 24, 2015 YHIBIT" A " Page 1 of 5 Pages i m ")HIGINAi_ WHEREAS, the City Council, after a duly noticed public hearing, approved Resolution No. , approving this Amendment No. 2, which Resolution is effective on March 25, 2015. NOW, THEREFORE, incorporating the foregoing recitals herein, City, Owner and New Owners mutually agree to amend the Development Agreement as follows: 1. The first paragraph of the Development Agreement is hereby amended to read as follows: THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into as of December 14, 2005 by and between the CITY OF BAKERSFIELD, a charter city ( "City "), and, OLD RIVER RANCH, LLC, a California limited liability company, and RTS ORCHARDS, LLC, a California limited liability company (collectively OLD RIVER RANCH, LLC and RTS ORCHARDS, LLC are referred to as "Owner ") 2. Section V, Paragraph J of the Development Agreement entitled "Notices" is hereby amended to read as follows: J. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered or certified mail, return receipt requested, with postage prepared, by overnight delivery, or by facsimile to the respective mailing addresses, as follows: City: CITY OF BAKERSFIELD 1600 Truxtun Avenue, 5th Floor Bakersfield, California 93301 Attention: City Manager Facsimile: (661) 324 -1850 Copy to: CITY OF BAKERSFIELD 1600 Truxtun Avenue, 4th Floor Bakersfield, California 93301 Attention: City Attorney Facsimile: (661) 852 -2020 Amendment No. 2 to Agreement No. 05 -431 S: \Planning \Agrs\ 14- 15 \Oldriveramd2.Agreement.Docx March 24, 2015 �,AK4, Page 2 of 5 Pages 6�1 i-n Owner: OLD RIVER RANCH, LLC Attention: Keith B. Gardiner 29341 Kimberlina Road Wasco, California 93280 Phone: (661) 587 -2250 Owner: RTS ORCHARDS, LLC Attention: Rod Stiefvater and Paul Nugent 1639 Angie Court Bakersfield, California 93314 -9271 Phone: (661) 809 -7610 Copy to: CLIFFORD & BROWN A Professional Corporation Attention: Charles D. Melton, Esq. 1430 Truxtun Avenue, Suite 900 Bakersfield, California 93301 -5230 Phone: (661) 322 -6023 Either City or Owner may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the earlier of the date personal delivery is effected or on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile. 3. From and after the date first written above, all references in the Development Agreement to the "Agreement" will refer to the Development Agreement as amended by Amendment No. 1 and this Amendment No. 2. 4. Except as amended herein, all other provisions of the Development Agreement shall remain in full force and effect. 5. This Amendment No. 2 to the Development Agreement will be recorded in the County of Kern. [signatures on next page] Amendment No. 2 to Agreement No. 05 -431 S: \Planning \Agrs\ 14- 15 \Oldriveramd2.Agreement.Docx March 24, 2015 Page 3 of 5 Page m ORIGINAi IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to the Development Agreement to be executed on the day and year first above written. "CITY" CITY OF BAKERSFIELD : HARVEY L. HALL Mayor APPROVED AS TO CONTENT: COMMUNITY DEVELOPMENT DEPT. M DOUGLAS McISAAC Director APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: am NELSON SMITH Finance Director Amendment No. 2 to Agreement No. 05 -431 S: \Planning \Agrs\ 14- 15 \Oldriveramd2.Agreement.Docx March 24, 2015 "OWNER" PB1 VENTURES, LLC, a Delaware limited liability company P1112 VENTURES, LLC, a Delaware limited liability company PB3 VENTURES, LLC, a Delaware limited liability company PB4 VENTURES, LLC, a Delaware limited liability company PB6 VENTURES, LLC, a Delaware limited liability company PB7 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, A Delaware limited liability company its Sole Member By: Name: Title: [Additional signatures on next page] Page 4 of 5 Pages o``pAKF9� F_ m r ca' b ORIGINA! "NEW OWNERS" OLD RIVER RANCH, LLC, a California limited liability company By: V LIONS MANAGEMENT, LLC, a Nevada limited liability company Its: Co- Manager a KEITH B. GARDINER Manager By: RTS AGRI BUSINESS, LLC a California limited liability company Its: Co- Manager RODNEY T. STIEFVATER Manager RTS ORCHARDS, LLC a California limited liability company By: Name: Title: AH:vl Attachments (Acknowledgments) Amendment No. 2 to Agreement No. 05 -431 S:\Planning\Agrs\14-15\Oldriveramd2.Agreement.Docx March 24, 2015 gA+CF Page 5 of 5 Pages fri ORIGINAL_