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HomeMy WebLinkAboutResolution No. 6270 (Quail Hill Plateau Amend Agreement)RESOLUTION NO. 6270 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with QUAIL HILL, INCORPORATED ENTITLED AMENDMENT TO AGREEMENT RE QUAIL HILL PLATEAU a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the fifteenth day of Marc -.h 19 82 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen ANNE M. LEONCINI, City Clerk AMENDMENT TO AGREEMENT RE QUAIL HILL PLATEAU This Agreement is entered into this 15th day of March, 1982, by and between the City of San Rafael, a municipal corporation organized and existing under the laws of the State of California (hereinafter "CITY"), and Quail Hill, Inc., a corporation organized and existing under the laws of the State of California (hereinafter "QHI"). RECITALS This Amendment is predicated upon the following facts: RECITAL 1. QHI is the owner of certain real property in the Northgate area of the City of San Rafael, commonly referred to as Quail Hill Plateau, and more specifically described as shown in the attached Exhibit "A"; RECITAL 2. Pursuant to San Rafael Charter Ordinance 1�1o. 851, and Charter Ordinance No. 956, QHI's Quail Hill property is zoned "P -C", which provides for residential and commercial development of said property in accordance with QHI's approved Master Plan; RECITAL 3. A portion of the Quail Hill Master Plan has been completed, including certain residential development and the headquarters for Commerce Clearing House; RECITAL 4. QHI and the City have entered into an "Agreement Re Quail Hill Plateau" dated August 3, 1981, setting forth certain rights, obligations and responsibilities of the parties hereto regarding the development of Quail Hill Plateau. This Agreement contemplated the con- struction of office buildings, parking, a day-care center, and recrea- tional and other facilities on Quail Hill Plateau, as well as the conversion of some present Commerce Clearing House building parking into office space; RECITAL 5. A proposal has been made that residential condominiums, with related medical care facilities, be constructed on Quail Hill Plateau. This concept has many features beneficial to the City. NOW, THEREFORE, in consideration of the mutual promises compromises and considerations of the other, the City and QHI agree as follows: PARAGRAPH 1. This Amendment is a further supplement to and clari- fication of the previous P -C zoning and Master Plan approval granted by the City in 1967, as supplemented and clarified by the Agreement of August 3, 1981. PARAGRAPH 2. The construction of residential condominiums, with related medical care facilities shall be a permitted use of the Quail Hill Plateau. PARAGRAPH 3. Medical care facilities, resident dining facilities, assembly rooms, recreation rooms, and other facilities compatible with retirement housing shall also be permitted. PARAGRAPH 4. Should QHI, or any successor in interest, desire to construct retirement housing on Quail Hill Plateau: a. Design Review arld routine Planning Commission approvals under current City guidelines will be required. b. The proposed use shall not create peak hour traffic impacts any greater than those already approved for the Quail Hill Plateau as provided for in said agreement of August 3, 1981. C. Traffic mitigation fees, if any shall be recalculated to account for differences in peak -traffic trips between such housing and the office buildings referred to in the Agreement of August 3, 1981. Such traffic mitigation measures as may be included in this retirement housing development shall be taken into account in determining traffic mitigation fees. The manner of determining said fees shall be consis- tent with the formulae contained in said Agreement of August 3, 1981, and the use of said fees by the City shall be consistent with the uses set forth in said Agreement of August 3, 1981. PARAGRAPH 5. Nothing in this Amendment shall diminish or otherwise adversely affect QHI's right to construct office buildings on Quail Hill Plateau, or convert a portion of the existing parking space in the Commerce Clearing House Headquarters building to office space, as set forth in the Agreement of August 3, 1981. Residential retirement housing and office space, or combinations thereof, shall be permitted uses of the Quail Hill Plateau. The conditions of approval attached by the Planning Commission to the office building development shall not necessarily apply to the retirement residential housing. PARAGRAPH 6. The burdens of the Amendment bind and the benefits of this Amendment enure to the successors in interest or assignees of the parties to it. PARAGRAPH 7. The rules of construction and definition of miscel- laneous terms provided in Paragraph 14 of the Agreement of August 3, 1981 shall also apply to this Amendment. IN WITNESS WHEREOF, this Agreement has been executed by the parties on the date and year first above written. ATTEST: J NE M. LEONCINI, City Clerk AS TO FORM: CITY OF SAN RAFAEL VL E. MULRYfN,Mayor Lot 3 as the same is shown and delineated on that certain map entitled "Map of Quail Hill, San Rafael, California" and recorded in Book 15 of Maps, page 22, Official Records of the County Recorder of the County of Marin, State of California. i' t