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HomeMy WebLinkAbout98-11 CC OrdinanceORDINANCE NO. 98 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT ENTITLED SECOND AMENDMENT TO DEVELOPiVI M AGREEMENT NO. 90-1, WITH WESTSIDE BUSINESS CENTRE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Westside Business Centre, LLC filed Planning Application No. PA95 -0130 in accordance with the City of Temecula General Plan and Development Code. Public hearings have been held before the Planning Commission and City Council of the City of Temecula, State of California, pursuant to the Planning and Zoning law of the State of California, and the City Code of the City of Temecula. Section 2. Environmental Compliance, An Initial Study has been prepared for this project. The Initial Study determined that although the proposed project could have a significant effect on the environment, these effects are not considered to be significant due to mitigation measures contained in the project design. Any potentially significant impacts will be mitigated. The Council adopted Resolution No. 98 -64 approving the Negative Declaration. Section 3. Findings The City Council in approving the proposed Development Agreement Amendment makes the following findings, to wit: 1. The development to be carried out pursuant to the Second Amendment to Development Agreement No. 90 -1 is consistent with the General Plan. 2. The Second Amendment to Development Agreement No. 90 -1 and the development to be carried out hereunder complies with all other applicable requirements of State law and City ordinances. Section 4. The "Second Amendment to Development Agreement No. 90 -1" by and between Westside Business Centre, LLC, a California Limited Liability Company, and the City of Temecula is hereby approved and the Mayor is hereby authorized and directed to execute the Second Amendment on behalf of the City of Temecula in substantially the form attached hereto as Exhibit A and incorporated herein by the reference. R:ords/99 -11 Section 5. 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. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of th is Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 6. PASSED, APPROVED, AND ADOPTED this 28th day of July, 1998. z, Ron Roberts, Mayor ATTEST: usan W Jones, CM C1 k [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) ss CITY OF TEMECULA I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 98 -11 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 14th day of July, 1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 28th day of July, 1998 by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 1 COUNCILMEMBERS: R:ords /98 -11 Comerchero, Ford, Stone, Roberts None Lindemans �n san . Jones, CMC City Clerk EXHIBIT A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 90 -1 TEXT R:ords /98 -11 ' RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: Susan Jones, City Clerk City of Temecula 43200 Business Park Dr. Temecula, Ca. 92590 EXEMPT FROM RECORDER'S FEES pursuant to Government Code Sections 6103 and 27383 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO. 90.1 THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO.90 -1 is made and entered into as of July 14, 1998 by and between the City of Temecula, a municipal corporation ( "City "), and Westside Business Centre LLC, a California limited liability company ( "Owner "). In consideration of the mutual covenants and agreements contained herein, the City and Owner hereby agree as follows: 1. This Second Amendment is made with respect to the following facts which each of the parties agrees and acknowledges are true and correct: a. On October 18, 1990, the Owner's predecessor -in- interest, Rancho Core Associates No. 1, a California limited partnership, entered into that certain Development Agreement No. 1 with the City of Temecula (the "Development Agreement ") which became effective on October 19, 1990. The Development Agreement was recorded as Document No. 385553 in the Official Records of the County of Riverside on October 19, 1990. b. On April 19, 1995, the successor to Rancho Core Associates No. 1., and the predecessor -in- interest to Owner, BA Properties, Inc., a Delaware corporation, and the City first amended the Development Agreement by entering into that certain Partial Termination of Development Agreement No. 90 -1, which became effective on April 20, 1995. The Partial Termination of Development Agreement No. 90 -1 was recorded as Document No. 12341 in the Official Records of the County of Riverside on April 20, 1995. C. The property which is subject to this Second Amendment ( "Property ") is described on Attachment 1 to this Second Amendment, which is attached hereto and incorporated herein as though set forth in full. R. ISTAFFRnn 130PA95.CC2 716199 cd 33 Id. Owner and City now desire to modify the Development Agreement on the terms and conditions set forth below. e. An environmental review has been conducted and approved for this Second Amendment. f. On June 17, 1998 the Planning Commission held a duly noticed public hearing on this Second Amendment (Planning Application No. PA95 -0130) and recommended to the City Council that it be approved. On June 23, 1998, the City Council held a duly noticed public hearing on this Second Amendment (Planning Application No. PA95- 0130), which hearing was duly continued to July 14, 1998. The Council considered all of the information presented to it, including comments of the public, prior to adopting Ordinance No. 98- approving this Second Amendment. g. This Second Amendment is consistent with the present public health, safety, and welfare needs of the residents of the City of Temecula and the surrounding region. In approving this Second Amendment, the City has specifically considered and approved the impact and benefits of this Project upon the welfare of the region. h. This Second Amendment is consistent with the City's General ' Plan. 2. Unless otherwise defined, the capitalized terms used in this Second Amendment shall have the same meanings as set forth in the Development Agreement. 3. The Development Agreement is hereby amended to provide that the Owner of the Property is now "Westside Business Centre LLC, a California limited liability company." 4. Section 2.7 (b) of the Development Agreement is amended by changing the names and addresses of the parties to whom notice shall be sent to read as follows: "If to City: City of Temecula 43200 Business Park Dr. Post Office Box 9033 Temecula, California 92589 -9033 Attention: City Manager R: 1STArPRM130PA95.CC2 716199 cd 34 IWith a copy to: Peter M. Thorson, Esq. Richards, Watson & Gershon 333 South Hope Street, 38th Floor Los Angeles, California 90071 -1469 If to Owner: Westside Business Centre LLC c/o Dendy Real Estate & Investment Co. Attention: Bill J. Dendy, President 5. The obligation of the Owner to develop a linear park on three acres of property on Lots 12, 95 and 119 of the Property is hereby deleted and Section 4.2.1 (g) of the Development Agreement is hereby amended to read as follows: ' "(g) Owner shall develop and construct a park on not less than five (5) acres of property owned by Owner west of the Murietta Creek Channel, generally located east of Diaz Road and north of Winchester Road, which area is more specifically described on Exhibit F. to this Development Agreement, Legal Description of Park, which is attached hereto and incorporated herein by this reference as though set forth in full ( "Park Property "). "(I) Concurrently with entering into the Second Amendment to this Development Agreement, the City and Owner entered in that certain agreement entitled "Parkland Improvement Agreement" dated as of July 14, 1998. Said Parkland Improvement Agreement sets forth the minimum design and construction requirements for the Park to be developed and constructed pursuant to this Section (the "Park "). City and Owner may amend in writing the Parkland Improvement Agreement without amending or modifying this Development Agreement. "(ii) Owner shall construct the Park described in this Section and shall record an irrevocable offer dedication of the Park to the City of Temecula, on forms acceptable to the City Manager, within two (2) years of the effective date of the Second Amendment to Development Agreement. Council shall determine in its sole and absolute discretion whether to accept the offer of dedication of the Park. If Council decides to accept the Offer ' of Dedication, Council's decision shall be made by resolution of the R:\STAFFRM130PA95.CC2 716195 cd 35 Council. The conveyance of the Park and Park Property shall be complete upon recordation of the resolution in the Official Records of Riverside County. "(iii) If the Park is not developed and offered for dedication to the City within said two year period, Owner shall, at its sole cost and expense, landscape and irrigate the Park Property as a linear park pursuant to a landscaping plan approved by the Director of Community Development in accordance with the City's landscaping standards which had been applicable to the linear park previously proposed for Lots 12 and 95 of the Property. The landscaping, if needed, shall be completed within three (3) years of the effective date of the Second Amendment to the Development Agreement. Owner shall maintain the landscaping and provide water for irrigation, at its sole cost and expense, provided however, that Owner may, with the prior written consent of the City of the City Council, transfer the maintenance responsibility to a property owners' association in this area. (iv) Prior to the issuance of any permit on Lots 12 and 95 of the Property, Owner shall post with the City and thereafter maintain a surety bond, cash deposit or certificate of deposit guaranteeing the installation of the landscaping and irrigation on the Park Property pursuant to this subsection (iii.) of this section. The amount of the surety bond, cash deposit or certificate of deposit shall be determined by the Director of Community Development based upon the submittal by the Owner of the landscape plan required by subsection (iii.) of this section and the lowest of three estimates by reputable contractors of the costs of installing the approved landscaping. The surety bond, cash deposit or certificate of deposit shalt be in a form approved by the City Attorney. The surety bond, cash deposit or certificate of deposit shall be maintained by the Owner until such time as the Park is accepted by the City or the landscaping on the Park Property is approved, installed and accepted for maintenance by the Owner or property owner's association. (v.) Within five (5) business days of the adoption by the City Council of the Ordinance approving the Second Amendment to the Development Agreement, Owner shall execute and submit to the City for recordation an irrevocable offer of dedication to the Riverside County Flood Control District, in a form acceptable to the District's Engineer, of that portion of the Property required for expansion and renovation of Murietta Creek. 6. Within five (5) business days of the adoption by the City Council of the Ordinance approving the Second Amendment to the Development Agreement, Owner shall ' execute and submit to the City for recordation an irrevocable offer of dedication to the City of the R 1STAFFRM130PA95.CC2 7/6198 W 36 IL right of way for Winchester Road which lies within the Owner's Property. The City Manager is hereby authorized to accept the dedication on behalf of the City and shall have the further authority to extend the time within which the offer of dedication shall be made to the City. 7. The Development Agreement is hereby amended to incorporate a new Exhibit F., Legal Description of Park, which exhibit is attached to this Second Amendment, and incorporated herein, as Attachment 2. 8. Owner warrants and represents to the City that the persons described on Attachment 3. to this Second Amendment are the holders of liens or encumbrances in the Property or otherwise hold a security interest in the Property and that no other persons hold liens or encumbrances in the Property or otherwise hold a security interest in the Property. All of the persons described on Attachment 3. shall consent to this Second Amendment and subordinate their rights in the Property to this Second Amendment. 9. Except as specifically modified by the terms of this Second Amendment, all other terms and conditions of Development Agreement No. 90 -1 shall remain in full force and effect. 10. The effective date of this Second Amendment to Development Agreement No. 90 -1 shall be the date on which it is recorded in the Official Records of Riverside County. R:\ SrAFFRPr\I30PA95.CC2 7/6198 cd 37 IIN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. J CITY OF TEMECULA M Ronald Roberts Mayor Attest: Susan Jones City Clerk Approved As to Form: Peter M. Thorson City Attorney WESTSIDE BUSINESS CENTRE LLC, a California limited liability company By: Dendy Real Estate & Investments Co., Inc., a California corporation, Manager By: Bill J. Dendy President R:\STAFFRM130PA95.CC2 7/6/98 cd 38 ' CONSENT AND SUBORDINATION OF INTERESTS OF HOLDERS OF LIENS, ENCUMBRANCES OR OTHER SECURITY INTEREST IN THE PROPERTY i C The undersigned entity ( "Secured Party ") holds a security interest in the property described on Exhibit A. to this Second Amendment in the form of a deed of trust recorded on as Document No. in the Official Records of the County of Riverside ( "Deed of Trust "). The Secured Party acknowledges the existence and validity of the Second Amendment to the Development Agreement, consents to its recordation, and hereby subordinates the covenants, terms and conditions of its Deed of Trust to the Second Amendment. Executed on .- Name of Entity: Bv: Name of Signer: Title of Signer: _ Bv: Name of Signe: Title of Signer: [All signatures must be notarized.] R:\STAFPRP \130PA95.CC2 7/6/98 cd 39 ALL - PURPOSE ACKNOWLEDGMENT State of California ) County of Riverside ) On , 1998, before me, personally appeared [ ] personally known to me -OR- [ ] 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. Witness my hand and official seal. (] INDIVIDUAL(S) [ ] OFFICER(S) (TITLE[S]): PARTNER(S) ATTORNEY -IN -FACT TRUSTEE(S) CHAIRPERSON /MAY OTHER: SIGNER IS REPRESENTING: R: WAFFRM130PA95.CC2 716199 cd SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER 40 ATTACHMENT 1. TO SECOND AMENDMENT LEGAL DESCRIPTION OF PROPERTY EXHIBIT "A" ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, OF PARCEL MAP NO. 21383, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 167 PAGES 18 THROUGH 25 THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN PARCEL MAP 28084 AS SHOWN BY PARCEL MAP ON FILE IN BOOK 185 PAGES 51 THROUGH 53 THEREOF, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. R:ISTAFFRM130PA95.CC2 716198 W 41 ATTACHMENT 2. TO SECOND AMENDMENT NEW EXHIBIT F TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION OF PARK PARCEL 1: THAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 4646, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 6, PAGE 75 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF DIAZ ROAD AS SHOWN SAID PARCEL MAP NO. 4646. PARCEL 2: THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 4646, AS SHOWN BY PARCEL ' MAP ON FILE IN BOOK 6, PAGE 75 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF DIAZ ROAD AS SHOWN SAID PARCEL MAP NO. 4646. r EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO THE EASTERN MUNICIPAL WATER DISTRICT BY DEED RECORDED JUNE 30, 1989 AS INSTRUMENT NO. 218392 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 3: THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 4646, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 6, PAGE 75 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF DIAZ ROAD AS SHOWN SAID PARCEL MAP NO. 4646. EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO THE EASTERN MUNICIPAL WATER DISTRICT BY DEED RECORDED JUNE 30, 1989 AS INSTRUMENT NO. 218392 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. R:lSCAF°RPR130FA95.CC2 7161981d 42 n ATTACHMENT 3. TO SECOND AMENDMENT LIST OF HOLDERS OF SECURITY INTERESTS IN PROPERTY 7/6198 1108640006 1480339.40 NONE