The URL can be used to link to this page

Home My WebLink AboutCC Resolution 9644 (Traffic Mitigation Fee Agreement)RESOLUTION NO. 9 6 4 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF TRAFFIC MITIGATION FEE AGREEMENT (100/110 SMITH RANCH ROAD) BE IT RESOLVED by the Council of the City of San Rafael as follows: WHEREAS, the City Council of the City of San Rafael (hereinafter, "City") has granted approval of an office development project at 100/110 Smith Ranch Road to Pell Development Company (hereinafter, "Developer"); and WHEREAS, the City has required the payment of traffic mitigation fees for this project by the Developer; and scheduled; and WHEREAS, the Developer has requested that the payment of fees be WHEREAS, the City has in the past accepted scheduled payments. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Vice - San Rafael that the,/Mayor is hereby authorized to enter into and execute said Agreement on behalf of the City of San Rafael. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 15`" day of July, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro JEA E M LEONCINI, City Clerk Av� 1W 1 96-0ti..%971 -vS A Recorded WHEN RECORDED PLEASE RETURN Official Records '9oGlerr -iia: JEANNE M. LEONCINI, CITY CLERK County of CITY OF SAN RAFAEL MARIN P.O. BOX 151560 JOAN C THAYER SAN RAFAEL, CA 94915-1560 Recorder 2:05pm 23 -Jul -96 TRAMC MITIGATION FEE AGREEMENT Projects: Reaencv Center I and II AP # 155-121-05 and 10 Premises: 100/110 Smith Ranch Road Rec Fee Check I I CS This Traffic Mitigation Fee Agreement is made this day, 1996, between the City of San Rafael (hereinafter, the CITY) and Pell Development Co. (hereinafter, DEVELOPER). Whereas, the CITY has conducted an extensive study of the ultimate building development and traffic situation in the Northgate area of San Rafael; and Whereas, the CITY found that there would be substantial traffic vohimes resulting from the anticipated development and prepared a list of areawide traffic improvements to offset the increased traffic volumes; and Whereas, the CITY has endorsed a traffic improvement and cost allocation program whereby new development participated in the improvement of the street system to mitigate the anticipated problem; and Whereas, DEVELOPER, its heirs, executors, administrators, successors, and assigns, being the undersigned promissor, is the owner of parcels of land in the City of San Rafael, said land being particularly described in Exhibit "A" attached and being the land referred to throughout this Agreement; and Whereas, the CITY approved development applications for Regency I Office ( ED83-116 and UP84-1) and for Regency II Office and Child Care (S94-10; ZC94-5; UP95-16 (for office); UP94-56 (for child care); ED95-29 (for office); and ED94-96 (for child care); and Whereas, the CITY development approvals provide that a traffic mitigation payment agreement, which may consist of a phased payment plan with a letter of credit, is subject to approval of the Public Works Director. In consideration of development approvals for Regency I Office ( ED83-116 and UP84-1) DEVELOPER and city entered into and recorded a Covenant Burdening Land which provided: (1) that DEVELOPER agreed to participate in said traffic mitigation program; . OC . OC COPY Traffic Mitigation Fee Agreement Regency I and Regency H AP # 155-121-05 and 10 Page 2 (2) the dollar amount of this contribution is as of March 31, 1996 is $591,941.00 (Five hundred and ninety-one thousand and nine hundred forty-one dollars and 00/100). Said amount is as adjusted by the Lee Saylor Index to take into account inflation from January, 1981; (3) the fee shall be paid at the time the City Council determines that the improvements are necessary; and (4) if the need for construction of the improvements is phased payment can be phased accordingly. Said covenant was recorded in the Marin County Book of Records #84046755, on October 1, 1984. In consideration of development approvals for Regency II Office and Child Care (S94-10; ZC94-5; UP95-16 (for office); UP94-56 (for child care); ED95-29 (for office); and ED94-96 (for child care) DEVELOPER agrees: (1) to participate in said traffic mitigation program; (2) the dollar amount of this contribution as of March 31, 1996 is $662,850.00 (Six hundred and sixty-two thousand and eight hundred fifty dollars and 00/100). Said amount is as adjusted by the Lee Saylor Construction Cost Index since 1990; (3) this fee is based on adopted fees of $2,455 per PM peak period trip in 1990 dollars x 270 trips for a 122,528 sq.ft. office building; and (4) payment can be phased as contained in this agreement, except the balance of the fee shall be paid in full within 90 days of a determination by the City Council that the construction of improvements will proceed and full funding is necessary. DEVELOPER and CITY agree that payment of the traffic mitigation fee may be phased and that the Lee Saylor Cost Construction Index shall apply to the unpaid balance throughout the payment schedule. DEVELOPER and CITY agree that a payment schedule of five (5) years will address the proposed construction schedule of the traffic improvements at Highway 101 interchange designated as the Smith Ranch Road/Lucas Valley Road interchange. DEVELOPER and CITY agree that should the proposed construction schedule of the traffic improvements at the Smith Ranch Road/Lucas Valley Road interchange be revised, the fee shall be paid in full by DEVELOPER within 90 days of a determination by the City Council that the construction of improvements will proceed and full funding is necessary. Based on that projected construction schedule DEVELOPER agrees to pay the above stated traffic mitigation fees for Regency I and for Regency II according to the schedule as specified in Exhibit `B" hereto. Traffic Mitigation Fee Agreement Regency Iand Regency II AP# 155-121-05 and 10 Page 3 IN WITNESS WHEREOF, DEVELOPER AND CITY have caused this Agreement to be executed the day and year set out opposite the said execution hereof. DEVELOPER Pell Development Company By: �% �l!L �L-� Date: �" CITY OF SAN RAFAEL A Municipal Corporation By:' -- Vice Mayor Paul M. Cohen F ATTEST: By: City Clerk Jeanne M. Leoncini Date: Traffic Mitigation Fee Agreement Regency I and Regency II AP # 155-121-05 and 10 Page 4 EXHIBIT "A" PROPERTY DESCRIPTION All that certain real property situate in the City of San Rafael, County of Marin, State of California, described as follows: Parcel 6B as shown and delineated on that certain map entitled "Tentative Map - Lot line Adjustment - Lots 4, 6b & 11- Smith Ranch Southerly Portion - 7 R.M. 40" recorded November 3, 1982, in Book 20 of Parcel Maps at page 80, Marin County Records. Traffic Mitigation Fee Agreement Regency I and Regency II AP # 155-121-05 and 10 Page 5 PAYMENT DUE DATE July 1, 1996 December 1, 1996 July 1, 1997 December 1, 1997 July 1, 1998 December 1, 1998 July 1, 1999 December 1, 1999 July 1, 2000 December 1, 2000 EXHIBIT'S" PAYMENT SCHEDULE Regency I Regency II Payment Payment $50,000 $50,000 $55,000 $70,000 $55,000 $70,000 $55,000 $70,000 $55,000 $70,000 $55,000 $70,000 $55,000 $70,000 $55,000 $70,000 $55,000 $70,000 unpaid balance unpaid balance The Lee Saylor Cost Construction Index shall apply to any unpaid balance throughout the payment schedule. State of California ss. County of Marin r C:J On � � U I C'1 / J�' bef,,°�e me, C. D. Gray, the undersigned notary public, personally appealed �roved 4�? �'1 F'�(�: personally known to me ( on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. C. D. GRAY %my COMM. #968717 Z WITNESS my hand and official seal. z Notary Public Colilornio zMARIN COUNTY/�comm expires JUN 24.144b r C. D. Gray, Notar� Publi / (deal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .►rrr.� _ sr ,,,,,'r�rrrr. ...-�rrrrrr�rir r.�.�� State of Cal i forni a i County of Mari in i V , On July 17, 1996 before me, NANCY EURMAN, Notary Public , Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared PAUL M. COHEN Name(s) of Signer(s) 6 IX personally known to me - OR proved to me on the basis of satisfactory evidence to be the persorK- 01 whose name, is/atesubscribed to the within instrument ti and acknowledged to me that he/slWthayLexecuted the (� same in his/lwr/thele-authorized capacity(}, and that by �3 r his/h*edtReii-signature* on the instrument the person(s), r NANCY EURMAN D or the entity upon behalf of which the person'pacted, 0 COMM. #1086576 executed the instrument. d ® NOTARY PUBLIC -CALIFORNIA O MARIN COUN1Y { Q v v v v MyCornm.ExpiresFeb.4.2000 WITNESS my hand and official seal. Signature of Notary Public 1 OPTIONAL ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent )) fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: TRAFFIC MITIGATION FEE AGREEMENT Document Date: June 10, 1996 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Paul M. Cohen ❑ Individual EX Corporate Officer Title(s): Vice -Mayor ❑ Partner —J Limited :.' General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator I'. ❑ Other: Top of thumb here Signer Is Representing: Citv of San Rafael Number of Pages: s i x Signer's Name: C Individual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee _ ❑ Guardian or Conservator �`::- , ❑ Other: Top of thumb here Signer Is Representing: 01994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder.. Call Toll -Free 1-B00.876.6827