HomeMy WebLinkAboutContracts & Agreements_50-2008_CCv0001.pdf Recorded in Official Records,County of San Bernardino 48151 00
AM
LARRY WALKER NC
Recording requested by �� Auditor/Controller — Recorder
And when recorded mail to: R Regular Mail
City Clerk. Doc#: 2008—0166345 Titles: 1 Pages: 5
Fees 0.00
City of Redlands Taxes 0.00
P.O. Box 3003 Other 0.00
Redlands, CA 92373 1 : PAID
FEES NOT REQUIRED
PER GOVERNMENT CODE
SECTION 6103
FIRST AMENDMENT TO
AGREEMENT FOR DENSITY BONUS AND INCENTIVE
This First Amendment to Agreement for Density Bonus and Incentive ("Amendment") is
made and entered into this lst day of April, 2008, by and between the City of Redlands, a
municipal corporation organized under tine lays of the State of California ("City") and Senior
Housing Services, LLC, a California limited liability company ("Property Owner"). The City
and Property Owner are sometimes individually referred to herein as a "Party" and, together, as
the"Parties."
RECITALS
A. WHEREAS, City entered into an Agreement for Density Bonus and Incentive
with Teilus Financial Group on January 1.6, 2003 (the "Agreement"), pertaining to
Assessors Parcel Numbers 0292-202-11 and 0292-202-12 ("Property") as further
described in the Agreement recorded in the Official Records, County of San
Bernardino on January 29, 2003 as Document No. 2003-0058413; and
B. WHEREAS,; Tellus Financial Group has assigned its interest in the Property and
the Agreement to Property Owner•, and
C. WHEREAS, the Agreement provided a Density Bonus to permit a project
consisting of 160 multi-family residential dwelling units("Project"), conditioned
on all the units being restricted to use as Senior Citizen Housing; and
D. WHEREAS, as an Additional Incentive to provide Senior Citizen Housing, the
Agreement reduced on-site parking standards, as allowed per Section
1.8.228.050.B.I.fof the City of Redlands Municipal Code, reducing the amount of
parking required for the Project by one space per dwelling unit, from 240 spaces
to 80 spaces, a reduction of 160 spaces or one space per unit; and
E. WHEREAS, a Conditional Use Permit, General Plan Amendment, and a Change
of Zone have been approved for tle Project; and
F. WHEREAS, City desires to amend the Agreement to conform to Section 65915 of
the California Government Code; and
G. WHEREAS, Property Owner desires to amend the Conditional Use Permit to
permit larger units, including two bedroom units, not to exceed 160 dwelling
units, and to provide additional parking, ("Revised Project"); and
DJNI rAg-ee`,Density,Bonus Agreement—First Amendment
H. WHEREAS, Property Owner desires to amend the Agreement to clarify the
Additional Incentive as allowed per Section 18.228.050.13.1.f of the City of
Redlands Municipal Code reducing the on-site parking standards and to provide
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flexibility to meet City requirements for the Revised Project; and
L WHEREAS, Property Owner requests the benefits provided under Section
65915(p) of the California Government Code and additional incentives as
provided herein, in order to make the Project economically feasible.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City
and the Property Owner agree that the Agreement is hereby amended as follows:
AMENDMENT
1. Recitals. The foregoing recitals are true and correct.
1. In
2. Paragraph 4 and Exhibit A of the Agreement are hereby deleted. Paragraph 4 of
the Agreement is hereby replaced with the following:
Location, unit size and number of bedrooms. All of the dwelling units of
the Project shall be located within and disbursed throughout the Property,
in accordance with the revised Conditional Use Permit. The proposed
units un will I I 'll consist of a maximum of 32 studio units of no less than 440
square feet each, with the balance consisting of one-bedroom and two-
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bedroom units of no less than 550 sq ft square feet each.
3. Paragraph 6 of the Agreement is hereby deleted and replaced with the following:
Schedule for completion and occupancy. The Revised Project will be
constructed in multiple phases commencing prior to the expiration of the
Conditional Use Permit. It is estimated that the time to completion of
construction is to be withit, 24 months thereafter. Occupancy of the
Project is projected to commence immediately after completion of
construction of each phase.
4. Paragraph 7 of the Agreement is hereby deleted and replaced with the following:
Additional Incentive Description. The additional development incentive is
reduced on-site parking standards, as allowed per Section 18.2128.050,13.1,f
of the City of Redlands Municipal Code. The number of onsite parking
spaces required for the Property shall be one parking, space per unit less
than would otherwise be currently required for Multi-Family, Residential
Dwellings under Section 18.164.690 of the City of Redlands Municipal
Code, but not less than one space per unit. As provided in Section
65915(p)(2) of the California Government Code, all parking spaces may
be uncovered, without additional storage space, however, Property Owner
DJM,Agree',I)ensity Bonus Agreement—First Amendmeilt
agrees to provide at least 80 garage spaces in lieu of uncovered parking
spaces. Uncovered spaces and spaces with shade covers shall be nine feet
(9') wide by nineteen feet (19') long.
5. Authority to Execute. The person or persons executing this Amendment on
behalf of the Property Owner warrant and represent that they have the authority to
execute this Amendment on behalf of the legal, fee title owner of the Property.
6. Construction. The Parties agree that each Party and its counsel have reviewed this
Amendment and that any rule of construction to the effect that ambiguities are to
be resolved against the drafting Party shall not apply in the interpretation of this
Amendment. The Parties further agree that this Amendment represents an "arms-
length transaction agreed to by and between the Parties and that each Party has
had the opportunity to consult with legal counsel regarding the terms, condition
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and effect c)-fthis Amendment.
7. Concurrence, City and Property Owner concur that the Agreement, as amended
herein, complies with the provisions of Section 65915 of the California
Government Code and Chapter 18.228 of the City of Redlands Municipal Code.
8. Entire Agreement. This Amendment and the Agreement contains the entire
understanding and agreement of the Parties as to the matters contained herein, and
there are no oral or written representations, understandings or ancillary covenants
or agreements with respect to the subject matter hereof which are not contained or
expressly referenced herein.
AGREED AND ACKNOWLEDGED:
Property Owner:
Senior Housing vices, LLC
By Date:
?6n Saunders, Manager
City."Oedland
Date:
Harrison", Mayor
ATTEST:
�7
r Date:
Lorfie'Poyzer, C'i ' Aerk
MWAgree'Density Bonus Agreement—First Amendment
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO Ss
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section I IS 1, of the California Civil Code, and Chapter
Division 3, Section 40814, of the California Government Code. on April 2. 2008, before me, Teresa. Ballinger,
Assistant City Clerk., on behalf of Lorric Povzer, City Clerk of' the City of Redlands, California, personally
appeared Jon 1-larrison, Mayor and Lorrie Poyzer, City Clerk who proved 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,`her4their authorized capacity(ies) and that by his/he0their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official, ;cal.
R
LORRIE POYZER, CITY CLERK
oo
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1888
..- By:
.........
Teresa Ballinger, Assistant City Clerk
(909)798-7531
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CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
txj Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
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TI-Iis CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: First Amendment to Agreement for Density Bonus and Incentive
Date of Document: April 1, 2008 _LC, by: John Saunders, Manager
Signer(s) Other Than Named Above: Senior Housing Services, I
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3;
CALIFORNIA ALL-PURPOSE
i
li
CERTIFICATE OF ACKNOWLEDGMENT �
State of California
County of D/ZAA 6C,
On ' <, before me, ✓V `"A /!' e
(Here insert name an title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person ] whose name() is/aye subscribed to
the within instrument and acknowledged to me that he/sWthey executed the same in his/h<hdir authorized
capacity( s), and that by his/1 r/their signature(,$) on the instrument the person(s), or the entity upon behalf of
(� I3
i which the persono acted, executed the instrument.
j`
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
i
is true and correct.
LALIGIA P. PAFRKER I (
COMM. #1784316 f
WITNESS my hand and official seal. WOtAWPMC-CALIFs� NIA ,
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ih'�Gat�R, ANG�E�qGO,^i_3N1'fI��
(Notary Seal)
Signature of Notary Public
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ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly= as
i DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
property completed and attached to that document The only exception is if a i
i document is to be recorded outside of Cattfornia.In such instances,any alternative j
acknowledgment verbiage as may be printed on such a document so long as the 1
(Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in �
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document carefully for proper notarial wording and attach this form rf required.
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? State and County, information must be the State and County,where the document
Number of Pages Document Date signer(s)personally appeared before the notary,public for acknowledgment. �
Date of notarization must be the date that the signer(s)personally appeared which
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(Additional information) • The notary public must print his or her name as it appears within his or her
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• Signature of the notary public must match the signature on file with the Office of
s
Partner(s) the county clerk. i
Attorney-in Fact Additional information is not required but Could help to ensure this
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acknowledgment is not misused or attached it)a different document. 1
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l corporate office,indicate the.title(i e.CEO,CFC).Secretary).
i
• Securely attach this document to the signed document i
_ ii
2008 Version CAPA vl2.10.07 800-873-9865 ww Ninar4Classes.com
Senior Housinu Ser `ices, A licant - Due to a potential conflict of interest,
Councilmernber Aguilar retired from the Council Chambers and did not
I Conflict of Interest
participate in this matter; a Public Disclosure of Potentia
form is on file in the City Clerk's Office, Public notice was advertised for this
time and place to consider approval of a mitigated negative ive declaration for
Conditional Use Permit No. 768 to construct a one-hundred I sixty (160) unit
senior apartment complex in five (5) three-story buildings on 4.76 acres located i
on the north side of Orange Avenue, 300 feet east of Kansas Street, n the R-3
(Multiple Family Residential) District and an amendment to the density bonus
housing agreement with Senior Housing Services for the purpose of changing
the location and unit size to allow for larger units in a more attractive setting, to
substitute an updated schedule of completion, and to further clarify the parking
incentive that was granted in the original agreement providing for additional
covered -parking beyond that which was entitled for a proposed one-hundred
sixty (160) unit senior housing complex on 4.76 acres located on the north side
of Orange Avenue, 300 feet east of Kansas Street, in the R-3 (Multiple Family
Residential) District; hold a public hearing to consider the Socio-Economic
Analysis and Cost/Benefit Study for the above-described project; and hold a
der the above-described project. Mayor Harrison
public hearing to consider a public hearing. Associate Planner Tamara
declared the meeting open as Harrison called for any public
Alaniz reviewed the proposed project. Mayor project and reported they were
comments. Jeffrey Parker reviewed the proposed
selIin,(_.,, the property to American Baptist Homes of the West and asked the City
Council to consider allowing the reduction in the even
deopmimpact fee as senior housing projectsuse less water though the sale would
be for the multi-family rate. Mayor Harrison noted our growth management
initiative requires full payment of fees and suggested staff identify, by
ze the difference, I f any, of
that could analyze competitive bid, a contractor I
applicant the
water/sewer usage in a senior housing project I if icant was willing to pay
for the cost of the study. Mr. Parker agreed to pay for such a study. There being
no further verbal or written comments, the public hearing was declared closed.
The City Council proceeded to approve the project with full fees for now with a
i
motion to conduct a study regarding water and sewer fees.
Mitigated - Councilmember Gilbreath moved to
gated Negative Declaration i
approve the Mitigated Negative Declaration for Revision No. I to
Conditional Use Pen-nit No. 768 based on the finding that the project will
not have a significant effect on the environment, determining this project
will not individually or cumulatively have an adverse impact on wildlife
resources as defined in Section 711.2 of the California Fish and Game Code
and directed staff to file and post a Notice of Detennination in accordance
with the City's guidelines. Motion seconded by CounclImember Gallagher
and carried with Councilmember Aguilar having abstained.
Cost
,'Benefit Study- Counci
lmember
Socio-Economic Analysis and C. Economic Analysis and Cost/Benefit
10-
Gilbreath moved to approve the Socio-Economic Conditional it has been
to Condit' Use Permit No. 768 as
Study for Revision No. I
determined that this project will not create immitigable physical blight or
April 1, 2005
Page 7
overburden public set-vices in the community and no additional information
or evaluation is needed. Motion seconded by Councilmember Gallagher and
carried with Councilmember Aguilar having abstained.
Councilmember Gilbreath moved to
High _din- - Counc,
Density Residential. Fin allow a high-density
adopt the findings contained in the staff report to . Z:!.
residential project in excess of IS du/ac and more than two stories in height
in accordance with Section 4,40 of the Redlands General Plan. Motion
seconded by Councilmember Gallagher and carried with Councilmember
Aguilar having abstained. (Note: a 4/5 vote was required.)
Density Bonus Agreement Amendment - Councilmember Gilbreath moved
to approve the amended density bonus agreement with Senior Housing
Services, LLC for Assessor Parcel Numbers 0292-202-11 and 12. Motion
seconded by Councilmember Gallagher and carried with Councilmember
Aguilar having abstained. I - Councilmember
Conditional Use Permit No. 768 - Revision No.
Gilbreath moved to approve Revision No. 1 to Conditional Use Permit
No. 768 subject to the conditions of approval and based upon the findings
contained in the staff reporL motion seconded by Councilmember
Gallagher and carried with Councilmember Aguilar having abstained.
Water/Sewer Usage Study - Councilmember I Harrison moved to direct staff
and select a consultant to bring,back to
to work with the applicant to identify 1
the City Council a water and sewer rates study for senior apartment housing
0
Motion
and that the applicant reimburse the City for the cost of th
study,seconded by Councilmember Gilbreath and carrieiCouncilmember
Aguilar having abstained.
Redlands Land Holding LLC, Applicant - Due to a potential conflict of interest,
red from the Council Chambers and did not participate
Councilmember Bean retired
in this matter; a Public Disclosure of Potential Conflict of Interest form is on file
in the City Clerk's Office. Public notice was advertised for this time and place
to hold a public hearing to consider a development agreement for the Redlands
Promenade project which is an approved 160,000 square foot commercial center
on approximately 13.2 acres located south of the Interstate 10 freeway and west
of Eureka Street in the Town Center District of the Downtown Specific Plan.
Mayor Harrison declared the meeting open as a public hearing. Community
Development Director Orci reviewed the proposed development agreement.
Mayor Harrison pointed out some cosmetic changes that needed to be made to
the development agreement and then called for public comments. Martin
Vahtra told councilmembers that staff had done a great job preparing this
development agreement. On behalf of the North Redlands Vision Committee,
Mario Saucedo urged the City celebrate our cultural diversity and acknowledge
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Redlands' Chinatown iii the landscaping or something within this project;lee 1 i t he felt
rivolved
the Human Relations and Cultural Arts Commissions should become
in the design of future projects. There being no further verbal or written
comments, the public hearing was declared closed.
April 1, 2008
Page S
Ordinance No. 2699 - Ordinance No. 2699, an ordinance of the City of
agreement with Redlands Land
Redlands approving a development
tle only by City Clerk Poyzer, and on motion
Holding L.L.C., was read by ti
of Councilor
ember Gilbreath, seconded by Councilmember Gallagher,
further reading of the ordinance text was unanimously waived, and
Ordinance No 2699 was introduced and laid over under the rules wI th
adoption scheduled for April 15, 2008, with Councilmember Bean having
abstained.
PUBLIC HEARING
Taxi Service permit - Ghulam Yourish, Applicant - A public hearing was
noticed for this time and place to consider the issuance of an owner's permit to
operate a taxi service and Issuance of a permit for a taxi driver. Mayor Harrison
declared the meeting open as a public hearing. A member of the audience
iv
statement at the
indicated he would make his continuance meeting but asked
additional information
why it was being continued. Captain Fitzmaurice said
I
was received after the Police Department's investigation that was now being
investigated. Mr. Yourish, the applicant, reminded Councilmembers he had
applied for a permit in the summer of 2005 which was not approved at that time.
After clearing up a traffic citation, he was advised to re-apply and that he had no
objection to the recommended continuance. As recommended by staff,15,
Councifinember Gilbreath moved to continue this public hearing to the April
2008, City Council meeting. Motion seconded by Councilmernber Gallagher
and carried unanimously.
PUBLIC COMMENTS
Wi-rFi and Metrolink Extension - Jonathan Abraham urged the City Council to
send a stronger message that Redlands is open to more high-tech business which
Would improve our qualify of life. He also urged Councilmembers to pursue
Wi-F1 throughout the City and getting the Metrolink Extension to Redlands
completed as soon as possible.
asked that
Cell Towers - Mario Saucedo, North Redlands Vision Committee.
any health studies conducted for the cell tower proposed in the Country Club
area also include the proposed erection of a cell tower at San Bernardino
Avenue and Orange Street.
Policy with News Media - David Waters asked what the Citys sty
regarding information requested by tnews media and public and said ff and
Councilmembers should maintain an open, transparent policy.
ADJOURNMENT
April 1,2008
Noe 9