Loading...
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