HomeMy WebLinkAboutOrdinance 1570 (Smith Ranch Hills Development Agr.)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and
Ex -officio Clerk of the Council of said City, do hereby certify that
the foregoing Charter Ordinance No. 1570 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AUTHORIZING AMENDMENTS TO THE
SMITH RANCH HILLS DEVELOPMENT AGREEMENT".
is a true and correct copy of an ordinance of said City and was
introduced at a REGULAR meeting of the City Council
of the City of San Rafael, held on the 18th day of
SEPTEMBER , 1989, published as required by City Charter in the
MARIN INDEPENDENT JOURNAL , a newspaper published in the City
of San Rafael and passed and adopted as an ordinance of said City at
a REGULAR meeting of the City Council of said City
held on the 2nd day of OCTOBER 1989, by the following
vote, to wit:
AWES: COUNCILKEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCI LMENMERS : None
ABSENT: COUNCI UIEKBERS : None
WITNESS my hand and the official seal
of the City of San Rafae)-this
day of ,
199-
JEA , M. LEONCI Cit Clerk
ES At,3
ORDINANCE NO. 1570
AN ORDINANCE OF THE CITY OF SAN RAFAEL AUTHORIZING
AMENDMENTS TO THE SMITH RANCH HILLS DEVELOPMENT AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS
FOLLOWS:
DIVISION 1. The City Council, through adoption of Ordinance
No. 1507 on June 3, 1985, approved and authorized recordation of
a development agreement between it and various entities permitting
development of certain real property known as Lots 5A, 5B and 12,
Smith Ranch, located within the City of San Rafael. In so doing,
the City granted its approval for development of a 400 unit
residential retirement project on the subject property, including
the terms of construction and occupancy and certain methods of
operation of a rental project, including provision of affordable
rental housing ("the McInnis Park Apartments"). Pursuant to
options granted the original signators to the Development Agreement
and subsequent assignments thereof, Tishman Speyer succeeded to and
assumed all of the original signators and subsequent optionees,
rights, interest, obligations, and benefits in and to the subject
Development Agreement. On November 23, 1988 Tishman Speyer
conveyed Lot 5B and the McInnis Park Apartments constructed thereon
to McInnis Housing Partners Inc., a California corporation ("MHP
Corp."). On February 1, 1989 construction of the McInnis Park
Apartments was substantially completed and MHP Corp. commenced
leasing and operation thereof. On February 9, 1989 MHP Corp. and
the MHDC executed a Limited Partnership Agreement of McInnis
Housing Partners in compliance with the terms of the Development
Agreement. On February 10, 1989 MHP Corp. conveyed the McInnis
Park Apartments to McInnis Housing Partners and recorded, pursuant
to the requirements of various sections of the Development
Agreement, certain Restrictive Covenants. On March 22, 1989,
McInnis Housing Partners achieved more than fifty percent (50%)
occupancy of the McInnis Park Apartments (the term "commencement
date" as referred to the Development Agreement). As a result of
completion of construction of the McInnis Park Apartments, the
formation of McInnis Housing Partners, the recordation of the
Restrictive Covenants, the disparate ownership of parcels 12 and
5A and parcel 5B and the fact that no further executory obligations
exist as to the construction and operation of the McInnis Park
Apartments, which are not also required by the Restrictive
Covenants, the parties to the Development Agreement desire to amend
said agreement in several respects pursuant to the provisions of
California Government Code Sections 65867 and 65868.
DIVISION 2. Section 12 of the Development Agreement is hereby
amended in its entirety to read as follows:
12. Periodic Review. The City shall review
compliance with the terms, covenants and conditions of
this Development Agreement at least once every twelve
(12) months, at which time Tishman Speyer and McInnis
Housing Partners, or any successor or successors -in -
interest thereto, as contemplated in paragraph 17, shall
be required independently to demonstrate good faith
compliance with the terms of this Development Agreement.
If as a result of this periodic review, the City finds
and determines on the basis of substantial evidence,
that: (a) Tishman Speyer or its successor or successors -
in -interest have not complied in good faith with the
terms or conditions of this Development Agreement
pertaining or applied to Lot 5A and/or Lot 12, the City
may terminate or modify the Development Agreement with
respect to Lots 5A and 12; or (b) that McInnis Housing
Partners, or its successor or successors -in -interest have
not complied in good faith with the terms and conditions
of the Development Agreement pertaining or applicable to
Lot 5B, the City may terminate or modify the Development
Agreement (or seek to enforce the restrictive covenants)
with respect to Lot 5B.
Section 13 of the Development Agreement is hereby amended in
its entirety to read as follows:
13. Duration.
(a) Subject to the right of the parties to
mutually terminate this Agreement as specified in
Government Code Section 65868 and the City's right to
terminate this Agreement as specified in paragraph 12,
this Development Agreement, with respect to Lots 5 and
12 shall terminate upon recordation by Tishman Speyer of
a certificate of completion of construction of the
approximately 400 -unit senior housing project on Lot 12
and the skilled nursing facility on Lot 5A.
(b) Subject to the right of the parties to
mutually terminate this Agreement as specified in
Government Code Section 65868 and the City's right to
terminate this Agreement as specified in paragraph 12,
this Development, with respect to Lot 5B shall terminate
upon the tenth (10th) anniversary of the Term
Commencement Date.
Section 18 of the Development Agreement is hereby amended by
the addition of subparagraphs (e) and (f) to read as follows:
Housing
duties,
Lot 5B
5A and
(e) In no event shall a default by McInnis
Partners with respect to the performance of its
obligations
constitute a
12.
and liabilities hereunder respecting
default by Tishman Speyer as to Lots
(f) In no event shall a default by Tishman
Speyer with respect to the performance of its duties,
obligations and liabilities hereunder respecting Lots 5A
and 12 constitute a default by McInnis Housing Partners
as to Lot 5B.
Section 20 of the Development Agreement is hereby amended in
its entirety to read as follows:
20. Notices. All notices hereunder must be given
in writing and will be considered properly given if
mailed, postage prepaid, by certified mail to the parties
at the following addresses:
(a) If to the City:
City of San Rafael
1400 Fifth Avenue
P.O. Box 60
San Rafael, CA 94915-0060
(b) If Tishman Speyer:
Tishman Speyer Mediq
Marin Limited Partnership
c/o Tishman Speyer Properties
520 Madison Avenue
New York, NY 10022
Attention: Andrew J. Nathan
(c) If to MHDC
Marin Housing Development Corporation
47 Paul Drive
San Rafael, CA 94903
(d) If to McInnis Housing Partners
McInnis Housing Partners
c/o Greene, Radovsky, Maloney & Share
One Market Plaza
Spear Street Tower, Suite 4200
San Francisco, CA 94105
Attention: Thomas M. Feldstein
or to such other address as a party thereto may designate in a
written notice to each of the other parties.
DIVISION 3. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid, such
decision shall not affect the validity of the remaining portions
of this Ordinance. The Council hereby declares that it would have
adopted the Ordinance and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be
declared invalid.
DIVISION 4. The Council further finds that each of the
proposed amendments is consistent with the San Rafael General Plan,
and that the Mayor, City Clerk and City Attorney shall be
authorized to execute that certain agreement entitled First
Amendment to Development Agreement in connection herewith.
DIVISION 5. This Ordinance shall be published once in full
before its final passage in a newspaper of general circulation,
published and circulated in the City of San Rafael, and shall be
in full force and effect thirty (30) days after its final passage.
LAWRENCE E. MULRYAN, Mayor
Attest:
J a n`e M. Leoncirli, City Clerk
The foregoing Ordinance No. 1570 was read and introduced at
a REGULAR meeting of the City Council of the City of San
Rafael, held on the 18TH day of SEPTEMBER , 1989, and
ordered passed to print by the following vote, to wit:
AYES: Councilmembers:Boro, Breiner, Frugoli, Thayer and Mayor
Mulryan
NOES: Councilmembers:No.ne
ABSENT: Councilmembers:None
and will come up for adoption as an Ordinance of the City of San
Rafael at a REGULAR meeting of the Council to be held on the
2ND day of OCTOBER , 1989.
q
J M. LEONCIdY, City Clerk