HomeMy WebLinkAboutOrdinance 1655 (Smith Ranch Homes Develoment 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. 1655
entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AUTHORIZING FOURTH AMENDMENT
TO THE SMITH RANCH HOMES (FORMERLY 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 6th day of
DECEMBER, 1993, 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 20th
day of DECEMBER. 1993, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
10th day of JANUARY, 1994.
JEANNE M NCINI, Cit Clerk
ORDINANCE NO. 1655
AN ORDINANCE OF THE CITY OF SAN RAFAEL
AUTHORIZING FOURTH AMENDMENT TO THE SMITH
RANCH HOMES (FORMERLY 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 by the original signators to the Development
Agreement and subsequent assignments thereof, Tishman Speyer Mediq
Marin Limited Partnership ("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.
By instrument dated September 18, 1989, and recorded in the
Marin County Official Records on January 5, 1990, Tishman Speyer
and McInnis Housing Partners (the successors -in -interest of Tishman
Speyer with respect to Lot 5B of Smith Ranch) entered into that
certain First Amendment to Development Agreement. By Ordinance No.
1574 adopted by the City Council of the City of San Rafael on
October 16, 1989, the City and Tishman Speyer further amended the
Development Agreement with respect to certain setback requirements
affecting the development on Lot 5A (the Second Amendment to
Development Agreement). By Ordinance No. 1642 adopted by the City
Council on January 19, 1993, the City and Tishman Speyer further
amended the Development Agreement so as to partially terminate the
Development Agreement and to provide that the Development Agreement
1
ORIGINA[
#���
no longer benefitted, encumbered, burdened or otherwise affected
Lot 5A of Smith Ranch (the Third Amendment to Development
Agreement). As a result of the execution by the City and McInnis
Housing Partners of an Amendment to the Below Market Rate Agreement
with respect to the McInnis Park Apartments, and the existence of
that certain Declaration of Restrictions recorded on February 10,
1989 in the Official Records of Marin County, California as
Instrument Number 8908708, the parties now desire to further amend
the Development Agreement in several respects pursuant to the
provisions of California Government Code Sections 65867 and 65868,
so as to partially terminate the Development Agreement and to
provide that the Development Agreement no longer benefits,
encumbers, burdens or otherwise affects Lot 5B of Smith Ranch.
DIVISION 2: The Smith Ranch Homes (formerly Smith Ranch
Hills) Development Agreement is hereby amended to provide that from
and after the effective date of this Ordinance, said Development
Agreement shall no longer benefit, encumber, burden or otherwise
affect Lot 5B of Smith Ranch, as more particularly described on
Exhibit "A" attached hereto, shall be deemed released of record
with respect thereto and all references to Lot 5B within the
Development Agreement shall be deemed deleted and of no further
force or effect. From and after the effective date of this
Ordinance, the Development Agreement shall continue in full force
and effect only with respect to Lot 12 of Smith Ranch.
In all other respects, the Development Agreement, as amended
by the terms of the First Amendment, the Second Amendment and the
Third Amendment, remains unchanged and in full force and effect.
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 this Ordinance and each section, subsection, clause or
phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
2
DIVISION 4: The Council further finds that the proposed
amendment set forth herein is consistent with the San Rafael
General Plan and that the Mayor, City Clerk and City Attorney shall
be authorized to execute that certain amendment entitled Fourth
Amendment to Development Agreement and Partial Termination
Agreement, a copy of which is attached hereto and incorporated as
Exhibit "B".
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.
4BRT J. OROA,M a yo
ATTEST:
E
JE M. LEONA CI I,Ci y Clerk
The foregoing Charter Ordinance No. 1655 was read and
introduced at a Regular Meeting of the City Council of the City of
San Rafael, held on the 6th day of December, 1993, and ordered
passed to print by the following vote to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
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 20th
day of December , 1993
3
JE�Ji � M. LEONCINII, City Clerk
4t 58324
9M]ITT "A"
The land raferred to in chis policy 3s situated in the Stage of
California, County of Meutin, City of San Rafael and Is dasaribed as
�llowat:
WT 58, as Mown in solid lines uWn Uist certain parcel map entitlf d,
"Parcel Map of int Une Adjustment -• LOU S, 12 and Parcel Cr With
Ranch • Northai;jy portion - 17 R.M. 39 -- 21 P.M. 88& son mgael, Merin
County, Witornia#" filed for MOW July 30, lV$G in Volume 23 of
i+arerel Maps, at Peg* 46, M zin County Aecords, the extcrior.bovndmty a£
which is desc=:.bed as followst
beginning at the Intersection of the courses "North 30 24' 24" E&st,
40.93 feet; and "North 51 28' 36" t.aast, 1207.29 feet" as shown and
deiirne&ted an the exterior boundary or that autain map entitled,
" Pazeal Map of Lot Line Adjustment - Gots 50, 12 a ParcaL c, Smith finch
- Northerly Portion - 17 R.M. 39 • 21 P.M. 88", recosdod July 39, 1986,
in Book 23 of Parcel Maps at peq* 461, Herrin County Records, and being
the northeast corner of Wt 58, as shown on said Parcel Map (23 PM 46) 1
thence along the exterior boundary o4 nald Got 32 (23 PH 46) the
fdllowinsq a=ges and distances: South 3 24' 2411 West, 40.93 feet;
thence South 7 36' 24" Yost. 299.03 feet: thence southwesterly along a
tangent curve to the righti+ having a radius of 2777.78' feet, through a
centred angle of 131 02"1 an am lragth of 109'.1% feet: theme
southwest aLonq a onpoond curve to the right whose center bears
North 80 08' 34" West* having a radius of 1265.45 fart, through a
cm
atraL angle of 90 38' $1"# an arc ivngth of 270.4$ testi thence south
19 50' 24" Wxt, 637.43 feet; thence South 26 37' 32" West, 84.57
fSet; thence westerly along a cu ve to the Left whose Cantax bears South
20 06' 16" wear, having x xAdius of 830 feets, thxough a cgr %rnl aeqla of
7 39' 57110 an are length of 0113.73 feet: thence North 7 53' Zi" Mat
14$.05 laet; thence Notth 33 26' 30" East. 190.01 flet; theme North
19 50' 24" East, 435.59 feat; thence northeasterly 610n9 a tangent
curve to the left, having a radius of 2,165.45 leer, Brough a central
angle of s $8f S8", an arc length of 203.06 feet; thence rlortterly
alonq a aaapour4 aurvs to the left %home centxr beers North do 08' 34"
hest, having a radius of 2677.78 feet, through a cVtrai angle of 20 is,
0210, are aro length of " Wla
105.10 feet; thence North 33 00' 00stA. 320.96
feet; thime North 74 00' 00" WastB 86.85 £esti thence SWth 70 00'00"
West, 135.00 feet; thence worth 41 0010001 Wrest, 160.Op feet; thence
Norms 8 00'00" Wast, 295.00 feet; thence North 29 00100" wast -40000
feet; thence North 389 31' 24" East,741.48 fest; thence North 48 25'
56" Mast, 27.39 feet; thence North 38 31' 241' East, 71.33 feet andthence South 510 28' 36" East, 894.25 feet to Che Point of eeginrning,
AU of the foregoing being the =4e real Property designated as tat 5B,
as shown on that CUtsin oert"itied nststvey (Job big, 124-87) , dated
February 25, 1988, pxepaxed by Oberkampar and Associates, Civil
Engineers, it*., San Rafael, califoxnia.
Recording Requested by:
GREENE, RADOVSKY, MALONEY & SHARE
Spear Street Tower, Suite 4200
One Market Plaza
San Francisco, California 94105
Attn: Thomas M. Feldstein
And When Recorded Return to:
City Clerk
City of San Rafael
1400 - 5th Avenue
P.O. Box 151560
San Rafael, California 94915-1560
Attn: Jeanne M. Leoncini
PARTIAL TERMINATION AGREEMENT (LOT 5B)
This Partial Termination Agreement (Lot 5B) (the
"Termination Agreement") is dated as of December 6, 1993, and is
by and between the City of San Rafael, a municipal corporation (the
"City"), and McInnis Housing Partners, a California limited
partnership ("MHP").
Recitals
A. By instrument, dated as of June 3, 1985, and recorded in
the Marin County Official Records on September 10, 1985, as
Instrument No. 85039085, Medical Retirement Communities, Inc.
("MRC"), Sagra, Inc. ("Sagra"), the City and the Marin Housing
Development Corporation ("MHDC"), entered into that certain
Development Agreement (the "Development Agreement") for that
certain real property commonly known as Lots 5A, 5B and 12, Smith
Ranch, located in the City of San Rafael, County of Marin, State
of California, as more particularly described in Exhibit "A"
attached hereto (collectively, the "Property"). On August 12,
1987, Tishman Speyer Mediq Marin Limited Partnership ("Tishman
Speyer") acquired the Property and MRC's and Sagra's right, title
and interest in and to the Development Agreement and assumed MRC's
27846/0808
12/06/93
TMFIQF.P50
and Sagra's duties, obligations and liabilities under the
Development Agreement.
B. By instrument, dated as of September 18, 1989, and
recorded in the Marin County Official Records on January 5, 1990,
as Instrument No. 9000969, the City, MHDC, Tishman Speyer and MHP
(the successor -in -interest to Tishman Speyer with respect to Lot 5B
of Smith Ranch) entered into that certain First Amendment to
Development Agreement (the "First Amendment") under the terms of
which the Development Agreement was bifurcated such that compliance
by the owner of Lot 5B with the terms and provisions of the
Development Agreement would not affect the rights under the
Development Agreement of the owner of Lots 5A and 12, nor would
compliance by the owner of Lots 5A and 12 with the terms and
provisions of the Development Agreement affect the rights under the
Development Agreement of the owner of Lot 5B.
C. As a result of the recordation of that certain
Declaration of Restrictions affecting Lot 5B, dated as of
February 9, 1989, in the Official Records of Marin County,
California, as Instrument No. 89 08707, and the execution by the
City and MHP of that certain Below Market Rate Rental Unit
Agreement, dated as of September 17, 1990, the parties have decided
to terminate the Development Agreement as to Lot 5B.
NOW, THEREFORE, the City and MHP hereby agree as follows:
1. Unless otherwise provided herein, all capitalized
terms used in this Termination Agreement shall have the meanings
provided for those terms used in the Development Agreement.
2. The Development Agreement is hereby amended to
provide that from and after the date of this Termination Agreement,
the Development Agreement shall no longer benefit, encumber, burden
or otherwise affect Lot 5B of Smith Ranch, as more particularly
described on Exhibit "A" attached hereto, shall be deemed released
of record with respect thereto and all references to Lot 5B within
the Development Agreement shall be deemed deleted and of no further
force or effect.
3. From and after the date of this Termination
Agreement, the Development Agreement shall continue in full force
and effect only with respect to Lot 12 of Smith Ranch.
TMF1QF.P50 2
IN WITNESS WHEREOF, this Termination Agreement has been
executed by the parties as of the day and year first above written.
CITY:
CITY OF SAN RAFAEL
By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
MHP:
MCINNIS HOUSING PARTNERS,
a California Limited Partnership
By McInnis Park Venture, a
California limited partnership
Its General Partner
By:
TMFI0F.P50 3
John Shalavi
Its General Partner
STATE OF CALIFORNIA )
ss.
COUNTY OF MARIN )
On this day of , 1993, before me,
Jeanne M. Leoncini, a Notary Public in and for the said County and
State, residing therein, duly commissioned and sworn, personally
appeared Albert J. Boro, personally known to me to be the Mayor of
the City of San Rafael that executed the within document and
acknowledged to me that said City of San Rafael did execute the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above
written.
JEANNE M. LEONCINI, NOTARY PUBLIC
in and for said County and State
STATE OF CALIFORNIA )
ss.
COUNTY OF MARIN )
On , 1993, before me, ,
personally appeared John Shalavi, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity and that by
his signature on the instrument he, or the entity upon behalf of
which he acted, executed this instrument.
WITNESS my hand and official seal.
Notary Public
TMFIGF.P50