HomeMy WebLinkAboutORD NO 3300OP~DINANCE NO. 3300
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFI~3.~ MAKING CERTAIN
FINDINGS AND AMENDING P~NCHO
LABORDE DEVELOPMENT A~ .~ENT NO.
86-54.
WHEREAS, the Rancho Laborde Development Agreement
(Agreement No. 86-54, the "Development Agreement") was approved
by this Council on June 6, 1986; and
WHEREAS, on or about June 30, 1989, Riverlakes Ranch,
with Unibell International Co., Ltd., as its General Partner,
"Unibell," acquired approximately 1,384 undeveloped acres of real
property from the Jean and Madonna Laborde bankruptcy estate.
WHEREAS, on November 15, 1989, the City adopted
Resolution No. 189-89 changing the name of the Rancho Laborde
Specific Plan to "Riverlakes Ranch Specific Plan"; and
WHEREAS, the Riverlakes Ranch Specific Plan has been
amended to modify provisions, development standards and land use
and circulation patterns within the portion owned by Unibell and
Unibell seeks to develop the property as a planned mixed use
development in accordance with the Riverlakes Ranch/Unibell
Specific Plan adopted by the City Council on June 27, 1990 by
Resolution No. 81-90, and any subsequent adopted amendments
thereto (hereinafter "Unibell Specific Plan," incorporated herein
by reference); and
WHEREAS, pursuant to paragraph 16 of the Development
Agreement and authority contained in Government Code Section
65868, City and Unibell desire to amend and modify the
Development Agreement as it pertains to the Unibell property,
which proposed amendment is attached hereto as Exhibit "A" (the
"Amendment"). All other real property subject to the terms and
conditions of the Development Agreement will not be affected by
this Partial Amendment; and
WHEREAS, the Planning Commission of the City of
Bakersfield held a public hearing on the issue of the City's
intention to approve an amendment to the Development Agreement,
incorporated herein by reference, on June 7, 1990, and found as
follows:
1. All required public notices have been given.
ORIGINAL
The Development Agreement, including the Amend-
ment, is an integral part of the General Plan
Amendment and Unibell Specific Plan and, as such,
additional environmental documentation is not
necessary.
The Amendment is consistent with the adopted
General Plan and adopted Specific Plan;
and
WHEREAS, following a public hearing on said issue
before this Council held on WEDNESDAY, JUNE 27, 1990, this
Council has found an determined that the provisions of the
Amendment are consistent with the Metropolitan Bakersfield 2010
General Plan and the applicable specific plan; and
WHEREAS, notice of the above hearings have been given
as required by law and City Council Resolution No. 122-85 and the
requirements of said Resolution have been satisfied.
NOW, T~F~EFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
The above findings, incorporated herein, are true
and correct.
Public necessity, convenience, general welfare and
good planning practice justify the approval of the
Amendment.
The Amendment will be compatible with future
development in surrounding areas.
The Rancho Laborde Development Agreement is hereby
amended as set forth in Exhibit "A" and the Mayor
is authorized to execute the Amendment on behalf
of the City of Bakersfield.
SECTION 2.
This Ordinance shall be posted in accordance with the
City Charter provisions and shall become effective thirty (30)
days from and after the date of its passage.
.......... o0o ..........
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I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on JUL ~ 1 1§90 , by the
following vote:
AYES; COUNCILMEMBERS: EDWARDS, OffMOND. SMITH, BRUNN[ PETERSON. McDERMOTr. SALVAGGIO
NOES, COUNCILMEMBERS .,~,'~'~
ABSENT COUNCfLMEMBERS:
ABSTAIN COUNCILMEMBERS'
CITY C~ERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED "J13L ;t ! 1990
CLARENCE E.
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of ~he Cit?/~f Bakersfield
LCM/meg
LABORDE. ORD
6/22/90
ATtachment
Exhibit "A"
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ORDINAL
Recorded at the Request of:
City of Bakersfield
When Recorded Rerum To:
EXHIBIT A
City Clerk
City Hall
1501 Truxtun Avenue
Bakersfield, California 93301
RIVERLAKES RANCH/UNIBELL
AGREEMENT NO.
PARTIAL AMENDMENT of DEVELOPMENT AGREEMENT
~6-54
Partial Amendment Approved by Ordinance __
Partial Amendment Adopted:
Partial Amendment Effective Date:
New Series
THIS PARTIAL AMENDMENT OF DEVELOPMENT AGREEMENT, (hereinafter the "Partial
Amendment") is made and entered into this day of , 1990, by and between
the City of Bakersfield, a municipal corporation, (hereinafter the "City"), and Riverlakes Ranch,
Ltd., a Limited Partnership, (hereinafter "Riverlakes Ranch").
WITNESSETH:
WHEREAS, City and Clifford E. Bressler (as the duly, appointed Trustee of that certain
Chapter 11 bankruptcy proceeding in the United States Bankruptcy Court for the Eastern District of
California, Case No. 184-00643, eotitled "In the Matter of Jean E. C. Laborde and Madonna P. Laborde,
dba Laborde Farms, dba Laborde Community Development Co."), entered into the Rancho Laborde
Development Agreement (hereinafter "Development Agreement 86-54"), effective June 6, 1986 in
accordance with all applicable laws and ordinances; and
WHEREAS, on or about June 30, 1989, Riverlakes Ranch, with Unibell International Co., Ltd. as
its General Partner, acquired approximately 1,384 undeveloped acres or real property from the Jean and
Madonna Laborde bankruptcy estate. Said real property (hereinafter the "Unibell Project") is located
approximately 3 1/2 miles west of State Route 99 and bound by Rosedale Highway on the south, Norris
Road on the north, Coffee Road on the east and Calloway Drive on the west, as shown on the Location
Map attached hereto as Exhibit "A," such Exhibit being incorporated herein by this reference; and
Recorded at the Request of:
City of Bakersfield
W~m Recorded Return To:
City Clerk
City Hall
1501 Truxtun Avenue
Bakersfield, California 93301
RIVERLAKES RANCH/UNIBELL
AGREEMENT NO.__
PARTIAL AMENDMENT of DEVELOPMENT AGREEMENT
86-54
Partial Amendment Approved by Ordinance
Partial Amendment Adopted:
Partial Amendment Effective Date:
New Series
THIS PARTIAL AMENDMENT OF DEVELOPMENT AGREEMENT, (hereinafter the 'Partial
Amendment') is made and entered into this day of . 1990, by and between
the City of Bakersfield, a municipal corporation, (hereinafter the "City"), and Riverlakes Ranch,
Ltd., a Limited Partnership, (l{ereinafter ~Riverlakes Ranch").
WITNESSETH:
WHEREAS, City and Clifford E. Bressler (as the duly appointed Trustee of that certain
Chapter 11 bankruptcy proceeding in the United States Bankruptcy Court for the Eastern District of
California, Case No. 184-00643, e,ntitled "In the Matter of Jean E. C. Laborde and Madonna P. Laborde,
dba Laborde Farms, dba Laborde Community Development Co."), entered into the Rancho Laborde
Development Agreement (hereinafter 'Development Agreement 86-54"), effective June 6, 1986 in
accordance with all applicable laws and ordini~nces; and '
WHEREAS, on or about June 30, 1989, Riverlakes Ranch, with Unibell International Co., Ltd. as
its General Parmer, acquired approximately 1,384 undeveloped acres or real property from the Jean and
Madonna Laborde bankruptcy estate. Said real property (hereinafter the 'Unibell Project') is located
'approximately 3 1/2 miles west of State Route 99 and bound by Rosedale Highway on the south, Norris
Road on the north, Coffee-Road on the east and Calloway Drive on fhe west~ as shown on the Location
Map attached hereto as Exhibit 'A,' such Exhibit being incorporated herein by this reference; and
ORI(~IhIAL
WHEREAS, on November 30, 1989, the City adopted Resolution changing the name
of the Pmncho Laborde Specific Plan to "Riverlakes Ranch Specific Plan'; and
WHEREAS, Riverlakes Ranch amended the Riverlakes Ranch Specific Plan to modify
provisions, development standards and land use and circulation patterns within the Unibell Project and
seeks to develop the Unibell Project as a planned mixed use development in accordance with the
Riverlakes Ranch/Unibell Specific Plan adopted by the City on by
Resolution No. , and any subsequently adopted amendments thereto approved by
Riverlakes Ranch (hereinafter "Unibell Specific Plan" incorporated herein by reference); and
WHEREAS, pursuant to paragraph 16 of Development Agreement 86-54 and authority
contained in Government Code §65868, City and Riverlakes Ranch desire to amend and modify the
Development Agreement as it pertains to the UnibelI Project. The parties hereto understand that all
other real property subject to the terms and cond tons of Development Agreement 86-54 will not be
affected by this Partial Amendment; and
WHEREAS, pursuant to the authorization set forth in California Government Code §65864 et
seq., City adopted Resolution No. 122-85 on August 28, 1985, establishing procedures and requirements
for consideration of amendments to Development Agreements and in accordance with such rules and
regulations, City has undertaken the necessary proceedings, has found and determined that this
Partial Amendment is consistent with the Bakersfield Metropolitan 2010 General Plan and the Unibell
Specific Plan, and has adopted Ordinance No. New Series approving this Partial
Amendment which ordinance took effect on ; and
_ WHEREAS, development of the Unibell Project in accordance with the Unibell Specific Plan
has been considered and reviewed heretofore in accordance with the California Environmental Quality
Act, the State EIR Guidelines, and City Resolution , the requirements of each having been
satisfied and a Negative Declaration was approved and adopted therefor on
NOW, THEREFORE, in reference to the foregoing recitals, Development Agreement 86-54, as
affecting the City and Riverlakes Ranch only, shall be amended to read as follows:
1. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Partiat Amendment, Paragraph lb.(t) shall~be deemed deleted in its entirety. -
2. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 v, rith respect
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Partial ~mendment, Paragraph 2b. shall be deemed deleted in i!s entirety and replaced with the
following:
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'Buena Vista Trunkline Sewer. Due to completion of the Buena Vista sewer trunk line
and acceptance thereof by the City, City agrees to take all sewage generated from within the Unibell
Project and to process the same, excepting only prohibited wastes as specified in Section 14.12.220 of the
Bakersfield Municipal Code. The parties intend that the City's obligation to tak~ sewage from any
parcel of property within the Unibell Project shall be subject to payment at time of development of the
parcel of the then applicable connection fee and, thereafter, of the then applicable user's fee.
'Should the Buena Vista sewer trunk line capacity be utilized prior to build-out of the
Unibell Project and within a period of twenty (20) years of the effective date of this Partial
Amendment, the City shall, at its expense, make alternate arrangements for taking and disposing of
sewage from the Unibell Project. This provision shall survive the expiration of the term of this Partial
Amendment. '
3. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Partial Amendment, Paragraph 2c. shall be deemed deleted in its entirety and replaced with the
following:
~Financin? o~ Fire Suvpression Systems. Riverlakes Ranch or its successors shall accept
full obligation of paying to the City the amount of $375,000.00 (April 1, 1986 dollars, adjusted by the
Department of Labor Statistics Consumer Price Index for the Los Angeles - Long Beach area, or any other
successor index) try meet the condition of approval of the Unibell Project as set forth in the Unibell
Specific Plan with rega,rd to financing fire suppression systems (e.g., fire stations, equipment, personnel)
in the following manner: An additional fee will be collected with Building Permit Fees for residential
and commercial development within the Unibell Project to pay towards the cost of providing
additional fire suppression systems. Such additional fees for financing additional fire suppression
systems shall not exceed $150.00 per residential dwelling unit .and $500.00 per commercial acre of
development. Such additional permit fees, beginning with the first building permit application after
adoption of this Partial Amendm, ent, shall be paid towards the principal and the CP! up to 1995. In
April, 1995, the City shall perform an audit to determine the remaining principal and to adjust the
additional permit fees on residential dwelling units in order to satisfy the full obIigation over the next
five .i/ears. ' The a~dit~onal $500.00 fee per com~nerciaI acre bf development will be main~£ned. The
remaining balance of the principal shall then be adjusted by the CPI.'
4. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect -
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Partial Amendment, Paragraph 2d. shall be deemed deleted in its entirety and replaced with the
following:
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"Water Distribution System. Riverlakes Ranch shall develop and dedicate to the City
the water supply storage and distribution facilities and underlying real property described in, and
generally in accordance with the requirements of and phasing specified in a Water System Study,
which system shall be developed and constructed according to standards, plans, profiles and
specifications approved by the City Engineer and the City Department of Water Resources. Riverlakes
Ranch shall submit this Water System Study as a revision to Exhibit "D" attached to, and made a part
of, Development Agreement 86-54. Such revised design shall conform to the land use designations of the
Unibell Specific Plan and shall be as approved by the City Engineer prior to the approval of any
construction plans for water systems within the Unibell Project. The system shall include groundwater
production facilities, storage tanks, booster stations, water mainlines and mainline extensions and other
facilities to be set forth in detail in the revised Water System Study. The City or its designee shall
have full access to inspect such construction, and ~halI be furnished with detailed information as to the
progress, workmanship, and character of materials used. In consideration of the benefits which will be
conferred upon the City through the construction of that system and in exchange for the phased
dedication to the City of water rights owned by Riverlakes Ranch as pertain to the agricultural land
under development included within the Unibell Project, City agrees that, upon acceptance by the City
of each phase of the completed system, City's per acre water surcharge fee shall be waived for all
development within that phase of the Unibell Project. It is stipulated that Riverlakes Ranch may
continue to use its agricultural wells for agricultural purposes within the Unibell Project as to any area
to be served by a phase of the system not completed.
"In the event Riverlakes Ranch does not complete the system as shown on a revised
Water System Study in a timely manner generally in accordance with that Study and the terms
specified in Exhibit "E" of Development Agreement 86-54 and as approved by the City Engineer and
City Department of Water Resources, Riverlakes Ranch shall subsequently pay the Availability Fee
for each acre of land where the improvements called for herein have not been fully completed and
accepted by the City. City shall grant such an offset to such fee for partially completed components or
portions of the system as may be reasonably determined by the City to be its best estimate of the value
to the City of the partially completed facilities.
"Upon demand by the Finance Director of the City, at such time as such fee is required
by th~ California Water Services Company, Riverlakes Ranch shall pay to the City a four~percent-of-
construction-cost fee ~for services of the City's designated engineer, the California Water-Services
Company, for supervision of preparation of construction plans for all wells, pumps and storage tanks
included in the water distribution system.
'The system constructed pursuant to this Partial Amendment and all water rights
dedicated to the City as a result hereof shall, for a period of twenty years f~om the effective date of
this Partial Amendment, be used to satisfy th~ waler requirements of the UnibeIl Project before servivg
the water needs of any other territory, and this provision shall survive the ea~piration of the term of
this Partial Amendment.
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'Should the system constructed pursuant to this Partial Amendment be used to serve the
water needs of territory outside the Unibell Project, City and Riverlakes Ranch shall enter into a
reimbursement agreement in relation thereto, consistent with the City's standard procedures and
policies.
'In lieu of satisfaction of the requirements of this subparagraph, Riverlakes Ranch
may elect to pay the aforementioned Availability Fee.'
5. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Partial Amendment, Paragraph 2e. shall be deemed deleted in its entirety and replaced with the
following:
"Parks. Riverlakes Ranch shall, for the term of this Partial Amendment, reserve
andJot designate land, shown as Conservation/Recreation in the Unibell Specific Plan, for ultimate use
for park purposes. Riverlakes Ranch shall satisfy its obligation of providing land for public park use,
under the jurisdiction of the North Bakersfield Recreation and Park District (hereinafter 'District~),
per County of Kern Ordinance No. G-5190 adding chapter 18.96 to the Ordinance Code and §66477 of the
Government Code of the State of CaIifornia and per written agreement between Riverlakes Ranch and
District executed on April 16, 1990. Said agreement is attached hereto as E:chibit 'B' and is
incorporated herein by reference. Compliance by Riverlakes Ranch with the provisions of this
subparagraph shall be ,deemed to satisfy the Park dedication or fee requirements of the City. If the
public parks are to be maintained by the City, Riverlakes Ranch hereby consents to and confers
jurisdiction to the City to establish, prior to subdivision of any property within the UnibelI Project, a
maintenance district to collect the costs of maintenance of the public parks, street landscaping and
lighting from the boundaries benefited in accordance with Title 13. of the Bakersfield Municipal Code.'
6. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Piirtial Amendn~ent~ Paragraph Zf. shall be deemeddelet6d in its entirety and replaced with the
following:
'Ar~rial~.
(1) Riverlakes Ranch shall, per the conditions of approval of the Unibell Specific
Plan, offer for dedication the right-of-way for each street arterial (Hageman Road, Calloway Drive,
Coffee Road and-Olive Drive~ within the boundaries of the UnibeIl Project and shall,-in accordance
with the schedule in subparagraph (2) below, improve such streets with four lanes of pav~ng (two lanes
where only two lanes are to be located within UnibelI Project boundaries, except for Coffee Road
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between Rosedale Highway and Meany Avenue) to City standards, with graded shoulders. City agrees
not to accept any offer of dedication of right-of-way referenced above until such time as such right-of-
way has been improved as required herein or the time for completion of such improvements under such
schedule has expired. Also, upon execution of this Partial Amendment, Riverlakes Ranch shall
provide City with documents, approved by the city's bond counsel for the Unibell Project, giving the
City jurisdiction to assess the Project all costs in designing and constructing such arterials, by use of
assessment district proceedings, should Riverlakes Ranch not complete construction of the same in
accordance with the schedule specified below. Such documents shall include covenants running with
the property and Riverlakes Ranch or its successors shall provide the City with a written
acknowledgement signed by each purchaser of property within the UnibeII Project prior to close of
escrow of this obligation assumed with title to such property.
~(2) Construction of ~mprovements as approved by the City Engineer for Olive Drive
from Coffee Road west to the intersection with the first collector shall be commenced within one year of
the effective date of this Partial Amendment and shall be completed within three years of such date.
Construction of improvements as approved by the City £ngineer for Coffee Road between Hageman
Road and Olive Drive shall be completed within five years of such date. The balance of the arterial
improvements required by this Partial Amendment shall be constructed in conjunction with the future
development of the Unibell Project but in no event later than ten years from the effective date of this
Partial Amendment. Riverlakes Ranch may delay construction of that portion of any arterial between
a site of a canal-crossing bridge and the closest intersecting arterial or collector until City has budgeted
for construction of such bridge; provided, however, construction of such portion of any such arterial shall
not be delayed if it is required by the City Engineer of any approved map for access to adjacent
subdivision or develop~nent.
'(3) Riverlakes Ranch shall satisfy its obligation to provide off-site traffic mitigation
as outlined in the Draft Traffic Study by making a lump sum contribution of six hundred seventy-five
thousand dollars ($675,000.) towards a Westslde Freeway Development Trust Account. Said
contribution shall be made on the following payment schedule: An annual sum of $200,000. shall be
paid by July 15, in each of the following three years: 1992, 1993 and 1994, and $75,000. shall be paid by
July 25, 1995. Such funds shall be used for purchasing land within the proposed Westside Freeway
right-of-way, conducting studies regarding the Freeway or in any other such manner as the City
Engineer shall determine to be of benefit in order to cause the Westside Freeway to be realized per the
General Plan. The obligation to provide off-site mitigation, as the same is set forth in this
subparagraph (3), shall be binding and enforceable upon any successor or assign of Riverlakes Ranch.
Further, and independently of the obIigation of any successor or assign to provide the off-site
mitigation herein set forth, Riverlakes Ranch and its General Partner shall remain fully responsible
fo? meeting_ th_e. Eayment sche~dule established above, notwithstanding the sale of e~ther the UnibelI
Project or any portion thereof.'
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7. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Partial Amendment, Paragraph 2g. shall be deemed added in its entirety by the following:
~Si?naIization. Riverlakes Ranch shall pay the cost of installing two (2) traffic signals at the
intersection of the new collector, parallel to Rosedale Highway, to the north of the Major Commercial Land
Use and referred to as Baron Avenue in the Draft Traffic Study submitted with the Unibell Specific Plan, and
Riverlakes Ranch Drive and Coffee Road. Such improvements shall be made at times determined appropriate
by the City Engineer. Riverlakes Ranch shall provide approved security (e.g., bond, letter of credit or reco;'ded
lien against real property) in the amount of $300,000. to ensure installation of said improvements. Approved
security shall be posted as a condition of approval of the master development plan for land designated as Major
Commercial in the Unibell Specific Plan adjacent t~ Rosedale Highway. Such master development plan shall
be submitted as specified in Item 15, page 3 of Exhibit A to the Summary Staff Report for the Unibell Specific
Plan.
8. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement 86-54 perta!n5 that are not party to
this Partial Amendment, Paragraph 6. shall be deemed deleted in its entirety and replaced with the
following:
-' "EFFECTIVE DATE OF PARTIAL AMENDMENT. This Partial Amendment shall be
effective after its execution by duly authorized representatives of both parties.
9. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement. 86-54 pertains that are not party to
this Partial Amendment, Paragraph 7. shall be deemed deleted in its entirety and replaced with the
following:
"DURATION Ob PARTIAL AMENDMENT. This Partial Amendment shall remain in
effect from the effective date for a term of fifteen (15) years, subject to earIier termination as provided
herein or'upon ~ompleiion~ performance and discharge~ of all obligations h~reunderl" ' -
10. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Partial Amendment, Paragraph 10: shall be deemed deleted in its entirety and replaced with the
following:
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'A$$1GNMENT. The rights and obligations of Riverlakes Ranch under this Partial
Amendment shall be transferred or assigned, unless as otherwise provided for herein, to any successor or
subsequent purchaser of any lot or parcel within the Unibell Project, provided such transfer or
assignment is made as a part of a transfer, assignment, sale or lease of all or a portion of the Unibell
Project. Any such transfer or assignment shall be subject to the provisions of this Partial Amendment
and the control and limitations contained herein. During the term of this Partial Amendment, any such
assignee or translevee shall observe and perform all of the duties and obligations of Riverlakes Ranch
contained in this Partial Amendment as such duties and obligation pertain to the portion of the
property so transferred or assigned. Riverlakes Ranch, or any successor or subsequent purchaser of all or
any portion of the Unibell Project, shall give the City written notice before or within three (3) days
after any such sale, assignment or transfer.'
11 To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Partial Amendment, Paragraph 13. shall be deemed deleted in its entirety and replaced with the
following:
'NOTICES. All notices under this Partial Amendment shall be in writing and
delivered in person or sent by certified mail, postage prepaid, return receipt requested, and shall be
addressed as follows:
If to City:
If to Riverlakes Ranch:
City of Bakersfield
City Hall
1501 Truxtun Avenue
Bakersfield, California 93301
Attention: City Manager
Riverlakes Ranch, Ltd.
8900 Rosedale Highway .
Bakersfield, California 93312~
12. To implement the Partial Amendment of Development Agreement 86-54, and without
change,. modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders o~creat property to which Development Agreement 86-54 pertaim that are not par~ to
this Partial Amendment, new Paragraph 19. shall be deemed added in its entirety by the following:
"19. TERM AND APPLICATION OF DEVELOPMENT AGREEMENT. Upon the
issuance of a valid building permit for the construction of a single-family residential home, multiple
family_unit or commercial building, the Development Agreement, as amended pursuant to the terms and -
conditions of this Partial Amendment, shall cease to be of any further force and effect as to that
property for which such permit is issued. Both City and Riverlakes Ranch shall no longer be bound by
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the terms of the Development Agreement and the City shall have no further obligation to any
successor-in-interest of Riverlakes Ranch.'
13. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or amendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Partial Amendment, new Paragraph 20. shall be deemed added in its entirety by the following:
'20. INDEMNITY OF CITY. As an inducement to the City entering into this Partial
Amendment, Riverlakes Ranch hereby agrees to indemnify City from and against any and all claims,
causes of action or awards of damage as a direct resull of the City entering into this Partial Amendment
in violation of any applicable statute or regulations. This obligation to indemnify shall be limited
solely to this issue and nol to any olher claim or cause of action and shall not be a release of City's
obligation or duty under Development Agreement 86-54 as amended. The obligation of Riverlakes
Ranch to indemnify City shall specifically include the obligation to defend City from any such claim or
cause of action which shall be filed against City. Representation shall be provided by counsel
designated by Riverlakes Ranch, except to the extent that such counsel shall advise Riverlakes Ranch
that it is unable to represent the City by reason of the existence of a conflict of interest. In this
situation, Riverlakes Ranch shall be free to designate alternate counsel of its choice acceptable to
City. '
14. To implement the Partial Amendment of Development Agreement 86-54, and without
change, modification or a. mendment to the terms of existing Development Agreement 86-54 with respect
to all holders of real property to which Development Agreement 86-54 pertains that are not party to
this Partial Amendment, new Paragraph 21. shall be deemed added in its entirety by the following:
~21. APPLICATION OF AMENDMENT. The modifications made to this Agreement as
herein set forth shall be applicable only to that certain real pr.operty as described herein which is
owned by Riverlakes Ranch. Development Agreement 86-54 shall remain unmodified, unamended and
unchanged with respect to each and every other owner which is a successor in interest to Laborde
Community Development owning real property to which the terms and conditions of Development
Agreement 86-54 apply. Further, the existing terms of Development Agreement 86-54 which are not
modified~ amended or' ~han~ed by thL5 Partial Agreement shall 'remain in full force and effect with
respect to Riverlakes Ranch.'
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IN WITNESS WHEREOF, the parties hereto have caused this partial amendment to be
executed by their officers thereunto duly authorized on the day and year first-above written.
CITY OF BAKERSFIELD
By:
Mayor
APPROVED AS TO FORM
By:
City Attorney
COUNTERSIGNED
By:
Finance Director
RWERLAKES RANCH
By:
Pdverlakes Ranch Limited Parmership
A California Limited Parmership,
By: George Suzuki, President
Unibell International Co., Ltd.
Its General Partner
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Exhibit A
Land Use Plan
RIVERLAKES RANCH SPECIFIC PLAN
Bakersfield, California
Exhibit B
Riverlakes Ranch/Unibell Specific Plan
North Bakersfield Recreation and Pazk District
Ag~-ement
THIS AGREEMENT made and entered into this !~T'fi day of /~./L~ 1990, by and b~tween
Riverlakes Ranch, A California Limited Partnership, hereinafter referred to as "Developer" and the
North Bakersfield Recreation and Park District, hereinafter referred to as "District."
WHEREAS, Riverlakes Ranch, A California Limited Partnership, is legal owner of approximately
1380 undeveloped acres (Riverlakes Ranch/Unibell Master Planned Community, hereinafter
referred to as the 'Projec["), a portion of Riverlakes Ranch Development, formally Rancho Laborde
Specific Plan; and
WHEREAS, a Development Agreement, 86-54, between the City of Bakersfield and Jean &
Madonna Laborde was executed April 16, 1986 reserving 60 acres of park land to be sold to the City
and used for park purposes, 50 acres of which are now within the Project; and
WHEREAS, the Riverlakes Ranch/Unibell Specific Plan, hereinafter referred to as the "Specific
Plan' (incorporated herein by reference), and General Plan Amendment application dated January
5, 1990, has resulted in a reduction of residential acreage, density and population; and
WHEREAS, revised calculations (based on data supplied by the City of Bakersfield Planning
Department) have yielded an expected population of 11,692 residents within the plan area; and
WHEREAS, based upon standards contained in Kern County Ordinance No. G-5190 adding Chapter
18.96 to the Ordinance Code, hereinafter referred to as the 'Ordinance,' adopted February 20, 1990,
the amount of land required to be provided under terms of the Specific Plan by Developer for park
land is 35.1 acres; and
WHEREAS, new Chapter 18.96 of the Ordinance Code of the County of Kern is adopted pursuant to
the authority granted the District by Section 66477 of the Government Code of the State of
California,
NOW THEREFORE, in consideration of the conditions and covenants set forlh hereinbelow, the parties
hereto agree as follows:
1. Definitions
As used in this Agreement, 'designate' means providing land for recreation and park use as
an Open Space - Park (OS-P) land use as defined in the Metropolitan Bakersfield 2010
General Plan. such land shall be developed as?ornm_erci_a! r_ecreatic~n by an. entity or entjti_es
other thin the Di~;trict.
A~ used in this Agreement, "reserve" means providing land for recreation and park use as an
Open Space - Park (OS-P) land use as defined in the Metropolitan Bakersfield 20'10 General
~l~n, such land shall be developed as public recreation by the District.
c. As used in this Agreement, 'dedicate" means a transfer by the Developer to the EHs,h'ict of
title to real property, (i.e., land to be used_for public recreation and park use).
1
2. Required Park L~nd
a. The Developer, within the Specific Plan, shall reserve and/or designate land in the
amount of 38.10 acres to be used for park purposes; said land to be reserved or designated as
follows:
(1) A site, hereinafter referred to as the "Community Park,' of 28.10 gross acres, sharing its
north property line with the proposed Kern High School District Comprehensive High
School No. 2, shall be reserved for a Community Park. Approximately 25.10 gross acres
shall be unencumbered by easements. Per the Ordinance, Section 18.96.100, 100% of the
reserved Community Park site shall be accepted by the District for park and recreation
purposes towards the park land requirement for the Project. The District shall develop
with improvements, facilities which are allocated for community park development as
stipulated in the District's Park and Recreation Master Plan (1986), hereinafter
referred to as the 'Plan'.
(2) A Site, hereinafter referred to as the 'Beach Club" of 4.00 gross acres, adjacent to the
lake located in the eastern portion of Section 17 T29S, R27E, MDB & M, shall be
designated by Developer and developed with improvements consisting of, but not
limited to, the following: swim lagoon, sand beach and volleyball facilities, open turf
and picnic facilities, club house and parking. Per Ordinance, Section 18.96.70, the
Beach Club shall be credited by the District 50% towards the park land requirement for
the Project (said credit shall be in the amount of 2.00 acres).
(3) A site, hereinafter referred to as the 'Mini-Park" of 1.50 gross acres located at the
southwest comer of the intersection of Olive Drive and Coffee Road, shall be
designated by Developer and developed with improvements consisting of, but not
limited to, the following: open turf, benches and parking. Approximately 1.00 gross
acres shall be unencumbered by easements. Per the Ordinance, Section 18.96.70, the
Mini-Park shall be credited by the District 50% of the unencumbered land towards the
park land requirement for the Project (said credit shall be in the amount of .50 acres).
(4) A site h;reinafter referred to as the 'Golf Course' of 150.00 gross acres +/- located
primarily in the western portion of Section t7 T29S, R27E, MDB & M, shall be
designated by Developer and developed with improvements consisting of, but not
limited to, the following: eighteen golf holes, club house, driving range, put-ting greens
and three pocket parks of 0.5 gross acres each, developed with the Golf Course, and
consisting of, but not limited to the following: open turf, picnic tables, benches and
parking. Per the Ordinance, Section 18.96.70, the Golf Course shall be credited by the
District 5% towards the park land requirement for Project (said credit shall be in the
amount of 7.50 ac:~es).
b. In summary, the Specific Plan shall reserve 28.10 acres for a Community Park and designate
land in the amount of 155..50 acres, of which 10.00 acres shall be a credit towards the park
..... land requirement for the Project, for a total of 38.10 acres (see attached Exhibit A, attached- -
hereto, and incorporated herein by reference). The Developer shall develop, or cause to be
developed, improvements upon the designated land as stipulated herein.
3. Operation and Mainter~nc~
The District shall operate and maintain, or cause to be operated and maintained, the -
Corrununity Park site and facilities as set forth in the Plan.
2
The Developer ~hall operate and maintain, or cause to be operated and maintained, the
Beach Club and Mini-Park developments and improvements by any of the following
methods: its own forces ora Homeowners Association.
Co
The Developer shall operate and maintain, or cause to be operated and maintained, the
Golf Course development and improvements by the following method: a private vendor or
operator contracted either to the Developer or to a separate owner of the Golf Course upon
which operation and maintenance is required under this agreement.
4. Satisfying Park Requirements and Transfer of Community Park Site
a. The Developer shall satisfy the obligation of providing land to be used for park purposes,
as prescribed in the Specific Plan, and the District shall acquire the Community Park site
in either of the two ways p~--scribed below:
(1) i
Prior to a final tract or parcel ma~ being recorded for the first parcel of land to be
subdivided or otherwise developed with residential dwelling units within the
Specific Plan area, the Developer shall dedicate the Community Park site to the
District as described in a recorded parcel map, and post a bond for the required
infrastructure improvements. Developer shall pay the assessment costs on the land
at time of transfer of title to the District.
ii
At such time that 50% of the dwelling units in the Specific Plan area have been
constructed, the infrastructure improvement bond shall become due such that the
Developer will be obligated to construct said infrastructure related to the parcel
map first-above described. At such time that the infrastructure improvements are
complete, the District may develop the Community Park site with improvements.
iii The Developer shall initiate improvements on the designated land based on the
following schedule: improvements to the Beach Club and Mini-Park shall be
commenced when 25% of the dwelling units in the Specific Plan area have been
constructed. Improvements to the Golf Course shall be commenced when 50% of the
dwelling units in the Specific Plan area have been constructed.
(2) i
At such time that a final tract or parcel map is recorded for the first parcel of land
to be subdivided or otherwise developed with residential dwelling units within
the Specific Plan area, the Developer shall indicate that fees are to be paid to,
and collected by, the District for all residential development per the Ordinance,
Section 18.96.~.
ii At such time-that 50% of the dwelling units in the Specific Plan area have been
constructed, the infrastructure required to record a final parcel map on the
Community park site shall be installed by the Developer. A parcel map for the
site shall then be recorded such that the District can purchase the land from the
' Developer'fbr the fair market value ast0 the date bf the sale, such price not to
exceed $37,500. per acre.
iii
The Developer shall initiate imp~o~-ements on the designated land as prescribed in
subparagraph (1) iii. above.
5. Use of Park l~nd
Evidence shall be provided by the Developer, per the Ordinance, Section 18.96.70, that
designated park land and improvements under private ownership remain available for
their intended use as described below:
(1) The Beach Club and Mini-Park, and facilities built thereon, shall be made available
to the r~sidents of the Specific Plan area via a Homeowner's Association.
(2) The Golf Course and facilities built thereon, shall be reade available to the general
Public.
If, at some time, the designated park land and improvements under private ownership are
no longer available for park use as stipulated herein, the Developer shall provide to the
District, fee or land reservation and dedication for public park purposes, equal to that
which has reverted to other than its intended use, such fee or land reservation not to exceed
7.00 gross acres for the entire Specific Plan area and such that park land within the Project
equals 35.10 acres.
c. The Community Park, and facilities built thereon, shall become owned by the District and
open to the general public.
6. Additional Park Land
a. The District may, at its discretion, and the Developer's approval, purchase land within
the Specific Plan area, above and beyond any requirements specified herein, for public park
purposes. Such land shall be located roughly within an area bounded by Hageman on the
north, the Friant-Kern Canal on the east, Rosedale Highway on the south and Calloway
_ Drive on the west, and be approximately 6.00 gross acres in size.. The Developer shall agree
to sell said land to the District for fair market value as of the date of sale. The Developer
shall not be, responsible for acquiring any government agency approvals, permits, zone
changes, etc., as may be required to use said land for public park purposes.
7. Severabitlty
a. The parties hereto agree that the provisions of this Agreement are severable. If any
provision of this Agreement is held invalid, the remainder of this Agreement shall be
effective and shall remain in full force and effect unless amended or modified by mutual
consent of the parties.
8. Modification
a. No modification, amendment or other change in this Agreement or any provision hereof
.... shall be effective for any purpose unless specifically set'forth in a writing signed by duty
authorized representatives of both parties and r~ferring expressly to this paragraph.
Successors and Assigns
a. The provisions of this Agreement shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns.
4
IN WITNESS WH~RI~OP, the parties hereto have caused tl~ agreement ~ ~ ~ut~ on ~e day a~
year fi~t~ve ~tten.
By: ~ '~~
C~i.~ ~ard of Dir~to~
No~kemfield R~eafion ~nd Park ~s~ct
~em~, ~rd of ~tom'~
Noah ~rsfield R~fion and Park ~s~
By ~uzu~, P~id~( '
U~ll~ntema~onal Co., Ltd.
Approved as to form and content:.
Legal Council
North Bakersfield Recreation and Park District
5
EXHIBIT A
Riverlake~ Ranch/Unlbell Master Planned Community
North Bakersfield Rec~afion and Park District
Proposed Park Acreage
COlv12vlLrN~ ! f PARK ACREAGE (By Facilities)
Suresteal
Multi-Use Athletic Fields ( 4 fields) 14.00
Community Center · 2.00
Aquatics Facility 2.00
Group Picnic 2.00
Court Games 1.50
Childrens' Play areas (2) ZOO
Restrooms .50
Mainterrence Area 2.00
Parking 2.00
Buffer 2.00
Streets 2.00
Open Turf/Picnic ~.50
Site Area (Un~ucumbered)
Easement Land (Option A)
Total Gross Site Area
3I..50
31.50
EQUIVALENT FAGILl 11~r.S PROVIDED BY DEMELOPER
A. Beach Club (located adjacent to lake)
o Swim Lagoon
- o Sand Beach/Volleyball
o Open Turf/Picnic
o Club House/Parking/Sixee~s
Total Gross Site Area
50% Credit
B. Golf Course
o Eighteen hole course
o Club House
o 12~ ving P. ange/Pu tfing Greens
o Pocket Parks (3 x 0.5 acres each)
Parking
Benches
Pic~xic Tables
Total Gross Site Area
5% C.~dit
C. Mini-Parks
o Parking
o Benches
o
Total Gross Site Area
50% Credit (of Unenotmbe.red Sit~
14.00 Ac~s
.75 Acres
.25 Acres
.50 Acres
1.00 Acres
1.00 Acres
.10 Ac~s
1.00 Acres
2.00 Acres
2.00 Acres
1.50 Ac~es
1.50 Ac~es
25.60 Acr~
2.50 Acres
28.10 Acre~
.50 Acres
1.00 Acres
2.00 Acres
.50 Acres
4.00 Acres
2.00 Acxes
150.00 Acres
7.50 Acres
1.50 Acres
.50 Acres
EXHIBIT A
Riverlakes F.~nch/~nJbel! Master ]'Janned Community
Proposed Park Acreage
SUM~Y
Population at Riverlakes Ranch
Required Park Land (@3 acrest1000 population)
Provided Park Land
o Community Park
o Beach Club (credit 50%)
o Golf Course (credit 5%)
o Mini-Park (credit 50%)
Total Park l~nd Provided
11,692 Persons
35.10 Ac~s
28.10 Acres
2.00 Acres
?.~ Acres
.50
38.10 Acres
7
EXHIBIT A
Open Space.Plan
RIVERLAKES RANCH SPECIFIC PLAN
Bakersfield, California
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern)
CAROL WILLIAMS, Being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City
of Bakersfield; and that on the 16th day of July , 19 90 she
posted on the Bulletin Board at City Hall, a full, true and correct copy of
the following: Ordinance No. 3300
City Council at a meeting held on the 11th
and entitled:
, passed by the Bakersfield
day of 3uly , 19 90,
CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By: ~_ .~//~..,
DEPUTY City Clerk
NSAOPD