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Home My WebLink AboutCC Resolution 8747 (Smith Ranch Homes Complaince)RESOLUTION NO. 8747 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES DEVELOPMENT AGREEMENT) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE AS FOLLOWS: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a Certificate of Compliance to Tishman Speyer Mediq Marin Limited Partnership, a copy of which is attached hereto and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the 21st day of September, 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE M. LEONCI I, City Clerk ORIGINAL As4H7 TISHMAN SPEYER MEDIQ MARIN LIMITED PARTNERSHIP 520 Madison Avenue New York, New York 10022 August ) D,, 1992 The Honorable Mayor and Council Members c/o City Clerk City of San Rafael 1400 -5th Avenue P.O. Box 60 San Rafael, CA 94915 Re: Smith Ranch Homes Retirement Project Statement of Compliance with Development Actreement (the "Compliance Statement") To The Honorable Mayor and Council Members: The undersigned, Tishman Speyer Mediq Marin Limited Partnership, a California Limited Partnership (the "Partnership"), is the owner and developer of the Smith Ranch Homes (formerly, Smith Ranch Hills) senior housing project (the "Project"). The Project includes the development of approximately 400 senior citizen residential condominium units together with a skilled nursing facility. We are submitting this Compliance Statement pursuant to Section 12 of that certain Development Agreement dated June 3, 1985, as amended pursuant to the terms of that certain First Amendment to Development Agreement, dated September 18, 1989, and in compliance with the requirements of California Government Code Sections 65864, et seq., which set forth "legislative standards for demonstrating compliance with development agreements." The Development Agreement affects the use and development of certain real property commonly known as Lots 5A, 5B and 12 of Smith Ranch. The Partnership is now the owner of Lots 5A and 12 only. The First Amendment to Development Agreement provides that compliance with the terms of the Development Agreement with respect to Lots 5A and 12 is to be determined independently of Lot 5B. The compliance statements prepared and presented to the City Council in conjunction with the five earlier Smith Ranch Homes COPY, The Honorable Mayor and Council Members August %2, 1992 Page 2 compliance hearings (held on September 16, 1991, September 17, 1990, September 18, 1989, August 15, 1988 and July 15, 1987, respectively) set forth the operative requirements of the Development Agreement imposed upon the developer and described in great detail the manner in which each of such conditions and requirements have been satisfied. As emphasized in the 1990 and 1991 Compliance Statements, the Development Agreement requirements imposed as to Lots 5A and 12 have been fully satisfied and there are no continuing executory obligations imposed upon the Partnership as the owner of these two parcels. As we first advised you last year at this time, on Lot 12, construction of the First Phase of 226 units, the Club House, Building 10 (the grounds and maintenance building) and related common facilities, including a Garden Center, is complete. We continue to be actively engaged in our marketing and sales program and to date have closed 60 escrows. Additionally, construction of the two-story skilled nursing facility containing 80 beds on Lot 5A is well advanced and is scheduled for completion in the first quarter of 1993. The Development Agreement, as amended, and applicable California law prescribe compliance review procedures to ensure that the developer has an opportunity to make factual representations concerning the Project's development to the City Council and to provide the City Council with a factual basis on which to support a finding that the developer has complied in good faith with the terms of the Development Agreement. The effect of such a finding is that the provisions of the Development Agreement remain in place for another year. We request you to consider this Compliance The Honorable Mayor and Council Members August %1-, 1992 Page 3 Statement, together with all other pertinent facts, and to make the finding as set forth in the proposed form of Certificate of Compliance attached hereto that we have faithfully complied with the provisions of the Development Agreement. Very truly yours, TISHMAN SPEYER MEDIQ MARIN LIMITED PARTNERSHIP, a California Limited Partnership By Tishman Speyer Properties Its Authorized Agent By: Its Authorized Signatory LEMOKF.T50.41273/0802 I RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Rafael 1400 - 5th Avenue P.O. Box 151560 San Rafael, CA 94915-1560 WHEN RECORDED MAIL CERTIFIED COPIES TO: GREENE, RADOVSKY, MALONEY One Market Plaza Spear Street Tower, Suite San Francisco, CA 94105 92-079087'1 Rec Fee I Check Recorded Official Records County of MARIN JAMES DAL BON Recorder 11:3Oam 5 -Oct -92 & SHARE 4200 Attention: Thomas M. Feldstein CERTIFICATE OF COMPLIANCE 20.00 20.00 XJ 6 Issued by the City Council of the City of San Rafael (the "City"), a municipal corporation of the State of California, as of September 21, 1992. Recitals Tishman Speyer Mediq Marin Limited Partnership, a California Limited Partnership (the "Partnership"), is the owner of certain real property (the "Property"), located within the City of San Rafael, County of Marin, State of California, and further described in Exhibit "A," attached hereto and incorporated herein by this reference. The Property is subject to the terms of a certain Development Agreement (the "Development Agreement") originally entered into by and among the City, Medical Retirement Communities, Inc., a California corporation, Sagra, Inc., a California corporation, an affiliate of Medical Retirement Communities, Inc., and Marin Housing Development Corporation, a California public benefit corporation, dated as of June 3, 1985, and recorded September 10, 1985, as Instrument No. 85039085, Official Records of Marin County, California, and amended on September 18, 1989, and recorded on January 5, 1990, as Instrument No. 9000969, Official Records of Marin County, California. California Government annual review by the City of Agreement in accordance with tl City. Code Section 65865.1 requires compliance with the Development �e procedures established by the LMUBIT "A" T'he land referred to in this policy is situated in the State of -California, County of Marin, City of San Rafael and is described as follows: LOT 12, as shown in solid lines on that certain parcel map entitled, "Parcel Map of Lot Line Adjustment - Lots 5, 12 and Parcel C, 3nith Ranch - Northerly Portion - 17 R.M. 39 - 21 P.M. 88, San Rafael, Marin County California," filed for record July 30, 1986 in Volume 23 of Parcel Maps, at Page 46, Marin County Records, the exterior boundary of which is described as follows: Beginning at the intersection of the courses "North 58° 55' 36" West, 277.82 feet; and "South 85° 22' 52" West, 572.07 feet" as shown and delineated on the exterior boundary of that certain map entitled, "Parcel Map of Lot Line Adjustment, Lots 5, 12 & Parcel C, smith Ranch - Northerly Portion - 17 R.M. 39 - 21 P.M. 88", recorded July 30, 1986, in Book 23 of Parcel Maps at Page 46, Marin County Records, and being the most northerly corner of Lot 12, as shown on said Parcel Map (23 PM 46); thence along the exterior boundary of said Lot 12 (23 PM 46) the following courses and distances: South 58 55' 36" East 277.82 feet; thence South 480 04' 36' East 719.93 feet; thence South 51 28' 36" East, 313.14 feet; thence South 38 31' 24" West, 71.33 feet; thence South 48° 25' 56" Fast, 27.39 feet; thence South 38° 31' 24" West, 71.48 feet; thence hbrth 79° 17' 08" West, 226.66 feet; thence North 580 10' 58" West, 334.77 feet; thence North 27° 36' 48" west, 302.57 feet; thence North 30° 41' 43" West, 203.81 feet; thence North 68° 51' 28" hest, 174.24 feet; thence South 65° 13' 05" West, 78.45 feet; thence South 20° 13' 05" Eest6 99.00 feet; thence South 65° 13' 05" West 140.00 feet; thence North 25 09' 31" West, 56.57 feet; thence South 64 50' 29" West, 56.57 feet; thence South 19° 50' 29" West, 228.25 feet; thence South 35° 16' 35" (vest 232.70 feet; thence South 39° 20' 09" East, 317.07 feet; thence South 78° 10' 12" East 65.00 feet; thence South 11° 49' 48" West, 206.81 feet; thence Festerly along a curve to the left whose center bears South 18° 34' 41" West, having a radius of 119.07 feet, through a central angle of 620 02' 55", an arc lenoth of 128.95 feet; thence South 460 31' 46" West, 76.89 feet; thence South 59P 52' 29" West, 70.56 feet; thence Westerly along a tangent curve to the right, having a radius of 21.68 feet, throgh a central angle of _ 54° 23' 56" an arc length of 20.58 feet; thence North 65 43'•35 " West, 50.86 feet; thence westerly along a tangent curve to the left, having a radius of 87.02 feet, through a central angle of 53° 39' 31", an arc length of 81.49 feet; thence South 60° 36' 54" West, 59.77 feet, thence westerly along a tangent curve to the right, having a radius of 52.70 feet, through a central angle of 78° 00' 21", an arc length of 71.742 feet; thence North 41° 22' 45" West, 107.53 feet; thence westerly along a tangent curve to the left, having a radius of 274 feet, through a central angle of 57° 05' 15", an arc length Of 273.00 feet; thence westerly along a reverse curve to the right whose center bears North 8° 28' 00" Fest, having a radius of 51.53 feet, through a central angle of 550 52' 35", an arc length of 50.25 feet; thence North 420 35' 25" West, 255.54 feet, thence westerly along a tangent curve to the left, having a radius of 149.44 feet, through a central angle of 58° 02' 01", an arc length of 151.37 feet; thence North 100 37' 26" west, 132.20 Feet; thence North 380 53' 12" West, 60.00 feet; thence North 12° 43' 25" west, 120.23 feet; thence North 17° 17' 28" West, 317.62 feet; thence North 730 58' 52" East 1088.08 feet and thence North 850 22' 52" East, 572.07 feet to the point of beginning. A11 of the foregoing being the same real property designated as Lot 12 as shown on that certain certified survey (Job 110. 124-87), dated Cebruary 25, 1988, prepared by oberkampar and Associates, Civil Engineers, Inc., San Rafael, California. EXHIBIT "A" (Continued) 71ie land referred to in this policy is situated in the State of California, County of Marin, City of San Rafael and is described as follows: LOT SA, as shown in solid lines on that certain parcel map entitled, "Parcel Map of Lot Line Adjustment - Lots 5, 12 and Parcel C, snith Ranch - Northerly Portion - 17 R.M. 39 - 21 P.M. 88, San Rafael, Marin County, California," filed for record July 30, 1986 in Volume 23 of Parcel Maps, at Page 46, Marin County Records, the exterior boundary of which is described as follows: Beginning at the intersection of the courses "North 33° 26' 30" East, 142.49 feet'! and "North 19° 50' 24" Fast, 433.11 feet" as shown and delineated on the easterly boundary of Parcel 5A of that certain map entitled "Parcel Map of Lot Line Adjustment - Lots 5, 12, & Parcel C, Snith Ranch Northerly Portion - 17 R.M. 39 - 21 P.M. 88", recorded July 30, 1986, in Book 23 of Parcel Maps at Page 46, Marin County Records; thence along the exterior boundary of said Lot 5A (23 PM 46) the following courses and distances: South 33° 26' 30' West, 142.49 feet; thence North 250 09' 36" West, 12?.32 feet; thence North 19° 50' 24" East, 13.75 feet; thence North 6 32' 52" West, 90.50 feet; thence North 19 50' 24" East, 200.46 Feet; thence North 64 50' 24" East, 47.78 feet; thence South 70° 09' 36" East 21.21 feet; thence North 64° 50' 24" East, 55.84 feet; thence South 70 09' 36" East, 65.52 feet and thence South 19° 50' 24" Fest, 433.11 feet to the point of beginning. All of the foregoing being the same real property designated as Lot 5A, as shown on that certain certified survey (Job no. 124-87), dated February 25, 1988, prepared by Oberkamper and Associates, Civil Engineers, Inc., San Rafael, California.