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HomeMy WebLinkAbout05-04 CC Ordinance I I I ORDINANCE NO. 05-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE WOLF CREEK PROJECT (PLANNING APPLICATION PA05-0027) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. declare that: A. Wolf Creek Development llC, filed Planning Application No. PA05-0027, Development Agreement Amendment for the property consisting of approximately 557 acres generally located south of loma Linda Road, west of Pechanga Parkway, north of Deer Hollow Way and west of the Redhawk Community, generally known as the Wolf Creek Specific Plan No. 12 ("Project"); The City Council of the City of Temecula does hereby find, determine and B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on March 2, 2005 to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 2005-09 recommending the City Council approve of a Development Agreement Amendment; E. On March 8, 2005 and March 22, 2005, the City Council of the City of Temecula held a duly noticed public hearing on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters. F. On March 22, 2005, the City Council of the City of Temecula approved a Development Agreement Amendment for the Project when it approved Ordinance No. 05-04. Section 2. The City Council of the City of Temecula hereby approves the First Amendment to the Wolf Creek Development Agreement as described in Exhibit "A" attached hereto and incorporated herein by this reference. Section 3. Severabilitv. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 4. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. R:/Ords 2005/0rds 05-04 I I I Section 5. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of March, 2005. ../ ATTEST: Jeff Comerchero, Mayor " (' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 05-04 was duly introduced and placed upon its first reading at a meeting of the City Council on the 8th day of March, 2005 and that thereafter, said Ordinance was duly adopted and passed at a meeting of the City Council on the 22nd day of March, 2005, by the following vote: AYES: 5 COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: COUNCILMEMBERS: None o o o COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: R:/Ords 2005/0rds 05-04 2 I I I EXHIBIT A WOLF CREEK DEVELOPMENT AGREEMENT AMENDMENT O:IPlanningl200SIPAOS-0027 Wolf Creek TCSD, DA ArnendmentIPlanninglDrafl CC Ord.doc 4 I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589.9033 Attn: City Clerk Exempt from recording rees pursuant to GoV!. Code Section 27383 (Space above for recorder' s use) I mrnsT AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA AND WOLF CREEK DEVELOPMENT. LLC (WOLF CREEK SPECIFIC PLAN NO. 12) This First Amendment to Development Agreement (the "First Amendment") is made and entered into as of March ---,2005, by and between the CITY OF TEMECULA, a California municipal corporation ("City"), and WOLF CREEK DEVELOPMENT, LLC, a California limited liability company ("Owner"), pursuant to the authority of Section 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. Pursuant to said authority and in consideration ofthe mutual covenants set forth in this First Amendment, the parties hereto agree as follows: 1. Recitals. This First Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct: I A. The City and Sop Murdy, LLC entered into that certain Development Agreement (the "Development Agreement"), dated February 13, 2001, and recorded on October 3,2001, as Instrument No. 2001-481217 with respect to the Property. On December 15,2003, the City, Owner, and Sop Murdy entered into that certain "First Operating Memorandum" to clarify certain terms of the Development 808514.1 March I, 2005 .. 1 I Agreement. Capitalized terms that are used herein without definition and that are defined in the Development Agreement are used herein as so defined. B. The real property which is the subject of the Development Agreement and this First Amendment is located in the City ofTemecula, County of Riverside, State of Cali fomi a and is generally known as the Wolf Creek Specific Plan No. 12 (the "Property"). The Property is more specifically described on Exhibit A, Legal Description of Property, attached hereto as Exhibit A and incorporated herein as though set forth in full. C. On or about July 2,2003, Owner purchased a portion of the Property (northerly of Wolf Valley Road and exclusive of the cornmercial portion) (the "Northerly Property") from Sop Murdy, and has entered into an option agreement with S- P Murdy for the purchase of the remainder of the Property (southerly of Wolf Valley Road and exclusive of the commercial portion) (the "Southerly Property"). In connection with the July 2, 2003 purchase and sale and pursuant to that certain Assignment and Assumption of Development Agreement dated as of July 2, 2003, Sop Murdy assigned to Owner all of its right, title and interest in and to the Development Agreement to the extent that such right, title and interest in the Development Agreement related to the Northerly Property acquired by Owner, and Sop Murdy delegated to Owner, and Owner assumed, certain obligations arising under the Development Agreement. I D. On or about September 23, 2004, Owner purchased the Southerly Property from Sop Murdy. In connection with the September 23, 2004 purchase and sale and pursuant to that certain Assignment and Assumption of Development Agreement dated as of September 23, 2004, Sop Murdy assigned to Owner all of its right, title and interest in and to the Development Agreement to the extent that such right, title and interest in the Development Agreement related to the Southerly Property acquired by Owner, and Sop Murdy delegated to Owner, and Owner assumed, certain obligations arising under the Development Agreement. E. Owner has conveyed portions of the Northerly Property to the following merchant builders: William Lyons Homes and D.R. Horton (the "Merchant Builders"). Owner did not assign to the Merchant Builders, and the Merchant Builders did not assume, any of Owner's obligations nnder the Development Agreement to construct the On-site and Off-site Improvements. F. The Development Agreement incorporates by reference certain development approvals and grants to Owner a vested right to construct in accordance with those development approvals subject to the terms of the Development Agreement. The Development Agreement also recognizes the necessity for future development approvals which would become part of the rights and obligations of the Development Agreement when approved. I G. On January 23,2001, the City Council of the City ofTemecula approved Tentative Tract Map No. 29305 ("Original Map") and other land use entitlements with certain conditions of approval which conditions must be satisfied prior 808514.1 March 1, 2005 2 I to the recordation of a final map for the Property ("Original Map Conditions of Approval"). On October 11, 2001, the City Council ofthe City of Temecula approved the Phasing Map for Tentative Tract Map No. 29305 ("Phasing Map") with certain conditions of approval that must be satisfied prior to the recordation of a final map for the Property (the "Phasing Map Conditions of Approval"). H. As Owner has implemented the Wolf Creek Specific Plan Project and constructed the On-site and Off-site Improvements, the City and Owner have recognized the need to adjust the sequence of construction for some of the park improvements and to provide for the Owner's design and construction of additional park facilities for the City. I. Concurrently herewith, the City and Owner have entered into that certain Agreement to Defer Completion of Conditions of Approval Until After Recordation of Final Map for Tract No. 29305.F (Wolf Creek Specific Plan No. 12), dated as of February 22, 2005. J. Owner and the City now desire to amend the Development Agreement as set forth below. I 2. Modification of Section 4.2.5(iv) of Development Al!reement Concerninl! Park Fee Component (Neil!hborhood and Linear Parks). Section 4.2.5(iv) of the Development Agreement is hereby deleted in its entirety and replaced as follows: "(iv) Park Fee Component (Neighborhood and Linear Parks). Provided OWNER has improved, as required by the Development Plan, and has offered and the CITY has accepted a grant deed to the six (6) acre Neighborhood Park and the six and seven tenths (6.7) acre Linear Park, as described in the Development Plan, the CITY shall credit to OWNER the total sum of Seven Hundred Fifty Thousand Dollars ($750,000.00) against the total Park Fee Component of Three Million Six Hundred Fourteen Thousand One Hundred Twenty-seven Dollars ($3,614,127.00). The credit shall be allocated as follows: "Six Hundred Thousand Dollars for the Neighborhood Park; and "One Hundred Fifty Thousand Dollars for the Linear Park. I "OWNER agrees that any design and construction costs in excess of the respective DIF credits for the improvement of the Neighborhood and Linear Parks will be the sole responsibility of the OWNER." 3. Amendment of Section 4,4.3(ili) and (Iv) Relatlnl! to the Time for 808514.1 March 1, 2005 3 I Constructinl!: Park Imorovements. Subsections (Hi) and (iv) of Section 4.4.3 of the Development Agreement are hereby deleted in their entirety and replaced as follows: "(Hi) Owner agrees to convey fee title to the CITY after the improvement, and the lapse of the ninety (90) day maintenance period, 6 acres in Planning Area 11 of the Specific Plan for the Neighborhood Park. The six-acre Neighborhood Park shall be improved to the reasonable satisfaction of the Director of Community Services, the ninety (90) day maintenance period shall have lapsed and the conveyance shall have occurred on or before the issuance of the 700th building permit within the Project. "(iv) Owner agrees to convey fee title to the CITY and improve, per the conditions in the Development Plan, 6.7 acres for Linear Park and the Activity Nodes. The first phase north of Wolf Valley Road shall be completed and the ninety (90) day , maintenance period shall have lapsed prior to the issuance of the 600th building permit within the Project. The second phase, comprised of the area south of W olfValley Road, shall be improved and the ninety (90) day maintenance period shall have lapsed prior to the issuance of the 1400th building permit in the Project. " I 4. All conditions of Approval in the Development Plan are modified to comply with these modifications. 5. Except as specifically modified in this First Amendment, all other terms and conditions of the Development Agreement shall remain unmodified and in full force and effect. [Remainder of Page Intentionally Left Blank] I 808514.1 March 1, 2005 4 I I I IN WITNESS WHEREOF, the parties hereto have executed this Covenant as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Jeff Comerchero Mayor Attest: Susan W. Jones, CMC City Clerk Approved AB to Form: Peter M. Thorson City Attomey OWNER WOLF CREEK DEVELOPMENT, LLC, . a Ca1iComla limited liability company By: Name: Title: By: Name: Title: [Two signatures. of corporate officers required for execution by corporation.] 808514.1 March 1, 2005 MERCHANT BUILDERS 5