HomeMy WebLinkAboutOrdinance 1642 (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. 1642
entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AUTHORIZING THIRD AMENDMENT 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 4th day of
JANUARY, 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 19th
day of
JANUARY, 1993, by
the following vote,
to wit:
AYES:
COUNCILMEMBERS:
Shippey, Thayer
& Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen & Mayor Boro
WITNESS my hand and the official seal
of the City of San Rafael this
20th day of JANUARY, 1993.
JEANNE LEONCINI, City Clerk
ORDINANCE NO. 1642
AN ORDINANCE OF THE CITY OF SAN
RAFAEL AUTHORIZING THIRD AMENDMENT
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.
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). As a result of the construction and
development by Tishman Speyer of an 80 -bed skilled nursing facility
on Lot 5A and the fact that no further executory obligations of
Tishman Speyer exist with respect to Lot 5A, the parties now desire
to amend the Development Agreement in several respects pursuant to
°"
O-RIGINAL X°
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 5A of Smith Ranch.
DIVISION 2: The 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 5A of Smith Ranch, as more
particularly described on Exhibit "A" attached hereto, shall be
deemed released of record with respect thereto and all reference to
Lot 5A 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 Lots 5B and 12 of Smith
Ranch.
In all other respects, the Development Agreement as amended by
the terms of the First Amendment and the Second 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 any one or more
sections, subsections, sentences, clauses or phrases be declared
invalid.
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 Third
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.
14V
A1BEP$ J. B/90, Mayor /
ATTEST:
JE M. LEONCII�I, Ci y Clerk
The foregoing Charter Ordinance No. 1642 was read and
introduced at a Regular Meeting of the City Council of the City of
San Rafael held on the 4th day of January, 1993, and ordered passed
to print by the following vote to wit:
AYES: COUNCILMEMBERS: Breiner, Cohen, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey
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
19th day of January , 1993 -
Ii,
1E4M. LEONCI I, City Clerk
EXHIBIT A
DESCRIPTION
All that certain real property situate in the San Rafael, County of Marin,
State of California, described as follows:
PARCEL ONE:
IAT 5A, as shown upon that certain parcel 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, San Rafael, Marin County, California", filed for record July 30, 1986
in Volume 23 of Parcel Maps, at Page 46, Marin County Records.
EXCEPTING THEREFROM all that portion as described in the Decd from Tishman
Speyer Mediq Marin -Limited Partnership, a California Limited Partnership, to
the City of San Rafael, by instrument recorded May 22, 1991 as Recorder's
Serial No. 91-30840, Marin County Records.
ALSO EXCEPTING THEREFROM all that portion as described in the Deed from Tishman
Speyer Mediq Marin Limited Partnership, a California Limited Partnership, to
the City of San Rafael, by instrument recorded May 22, 1991 as Recorder's
Serial No. 91-30841, Marin County Records.
PARCEL TWO.-
BEGINNING
WO:
BEGINNING at the most Southerly corner of Lot 5A of the "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 14aps6 at Page 46,
Marin County Records, at the intersection of the courses "North 25 09' 36"
West, 122.32 feet" and "North 330 26' 30" East, 142.49 feet" on the exterior
boundary of said Lot 5A (23 PM 46); thence along the Southerly boundary of said
Lot 5A (23 PM 46) North 250 09' 36" west, 68.23 feet; thence leaving said
Southerly boundary (23 PM 46) North 700 09' 36" West, 6.74 feet; thence South
190 50' 24" West, 45.50 feet; thence South 100 09' 36" East, 28.91 feet; thence
South 400 09' 36" East, 27.56 feet; thence South 700 09' 36" East, 7.94 feet to
a point on the Easterly boundary of Parcel C of said Parcel Map (23 PM 46);
thence along said Easterly boundary of said Parcel C (23 PM 46) North 330 26'
30" East, 37.11 feet to the point of beginning.
PARCEL THREE;
BEGINNING at the most Southerly corner of Lot 5A of the "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 14apsd at Page 46,
Marin County Records, at the intersection of the courses "North 25 09' 36"
West, 122.32 feet" and "North 330 26' 30" East 1.42.49 feet" on the exterior
boundary of said Lot 5A (23 13M 46); thence along the Easterly boundary of said
Lot SA (23 PM 46) North 330 26' 30" East 142.49 feet; thence leaving said
Easterly boundary (23 PM 46) South 190 50' 24" West, 141.82 feet; thence
Southwesterly along a curve to the right, whose center bears North 700 09' 36"
West, having a radius of 149.50 feet through a central angle of 120 39' 0011, an
arc length of 33.01 feet; thence North 700 09' 36" West, 38.61 feet to a point
on the Easterly boundary of Parcel C of said Parcel Map (23 PM 46b; thence
along said Easterly boundary of said Parcel C (23 PM 46) North 33 26' 30"
East, 37.11 feet to the point of beginning.
PARCEL FOUR:
BEGINNING at the most Southerly corner of Lot 5A of the "Parcel Pimp 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 6 at Page 46,
Marin County Records, at the intersection of the courses "North 25 09' 36"
West, 122.32 feet" and "North 330 26' 30" East, 142.49 feet" on the exterior
boundary of said Lot 5A (23 PM 46); thence along said exterior boundary (23
P.M. 46) the following courses and distances: North 25o 09' 36" West, 122.32
feet, and thence North 190 50' 24" East, 85.78 feet to the true point of
beginning; thence continuing along said exterior boundary (23 P.M. 46) the
following courses and distances: North 190 50' 24" East, 44.97 feet; thence
North 60 32' 52" West, 90.00 feet and thence North 190 50' 24" East, 125.66
feet; thence leaving said exterior boundary (23 P.M. 46) South 390 50' 24"
West, 8.77 feet; thence South 190 50' 24" nest, 134.71 feet; thence South 00
09' 36" East, 103.92 feet; thence South 150 09' 36" East, 13.00 feet to the
true point of beginning.
compared
EXHIBIT B
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 Fifth Avenue
P.O. Box 60
San Rafael, California 94915-0060
Attn: Jeanne M. Leoncini
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT
AND PARTIAL TERMINATION AGREEMENT
This Third Amendment to Development Agreement and Partial
Termination Agreement (the "Third Amendment"), is dated as of
January 4, 1993, and is by and between the City of San Rafael, a
municipal corporation (the "City"), and Tishman Speyer Mediq Marin
Limited Partnership, a California Limited Partnership ("Tishman
Speyer").
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 (the "Property"). On August 12, 1987, Tishman
Speyer acquired the Property and MRC Is and SagraIs right, title and
41273/0802
11/03/92
TMF1EK.P50
interest in and to the Development Agreement and assumed MRC's 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
McInnis Housing Partners (the successor -in -interest of Tishman
Speyer with respect to Lot 5B of Smith Ranch) entered into that
certain First Amendment to Development Agreement (the "First
Amendment").
C. By ordinance Number 1574 which was read and
introduced by the City Council of the City on October 2, 1989 and
adopted on October 16, 1989, the City and Tishman Speyer further
amended the Development Agreement with respect to certain set back
requirements affecting development on Lot 5A (the "Second
Amendment").
D. As a result of the construction and development by
Tishman Speyer of an 80 -bed skilled nursing facility on Lot 5A and
the fact that no further executory obligations of Tishman Speyer
exist with respect to Lot 5A, the parties now desire to amend the
Development Agreement in several respects pursuant to California
Government Code Sections 65867 and 65868 in order to partially
terminate the Development Agreement and to provide that the
Development Agreement no longer benefits, encumbers, burdens, or
otherwise affects Lot 5A of Smith Ranch.
NOW, THEREFORE, the City and Tishman Speyer hereby agree
as follows:
1. Unless otherwise provided herein, all capitalized
terms used in this Third Amendment 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 Third Amendment the
Development Agreement shall no longer benefit, encumber, burden or
otherwise affect Lot 5A 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 5A within
the Development Agreement shall be deemed deleted and of no further
force or effect. From and after the date of this Third Amendment,
the Development Agreement shall continue in full force and effect
only with respect to Lots 5B and 12 of Smith Ranch.
3. In all other respects, the Development Agreement,
as amended by the terms of the First Amendment and the Second
Amendment, remains unchanged and in full force and effect.
TW EK.P50 2
IN WITNESS WHEREOF, this Third Amendment to Development
Agreement and Partial 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
TMFIEK.P50 3
TISHMAN SPEYER:
TISHMAN SPEYER MEDIQ MARIN
LIMITED PARTNERSHIP,
a California Limited Partnership
By Tishman Speyer Mediq Marin Venture
Limited Partnership, general partner
By Tishman Speyer Mediq Marin Associates,
general partner
By Tishman Speyer Marin Venture
Limited Partnership,
general partner
By Tishman Speyer Crown Equities,
general partner
By Tishman Speyer Associates
Limited Partnership,
general partner
By:
TMF1EK.P50 4
Jerry I. Speyer/
Robert V. Tishman,
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 NEW YORK )
) ss..
COUNTY OF NEW YORK )
On this day of , 1993, before me personally came
, to me known to be: ( i ) the President of Tishman
Marin Service Corporation, a general partner of Tishman/Speyer
Marin Associates Limited Partnership; and (ii) a general partner
of Tishman Speyer Associates Limited Partnership, and he
acknowledged to me that he executed the foregoing instrument as his
free act and deed in the capacities indicated.
Notary Public
TMFIEK.P50 5