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Item 17 - First Ammnd to Old Coach Golf Estates Devlp. Agreement ~ . 3ENDA REPORT CITY OF POWAY This report is included on the Consent Calendar. There will ~ no separ~ discussion of the report prior to approval by the City Council unless members of the Council, staff or public request It to be removed fi'?n:a the ~onsent Calendar and discussed separately. If you wish to have this report pulled for discussion. p1~se fill out a slip indicating the report number and give it to the City Clerk prior to the beginning of the City Council meeting. TO: Honorable Mayor and Members of the city Council James L. Bowersox, city Mana~ August 25, 1992 FROM: DATE: SUBJECT : First Amendment to the Old Development Agreement Development, LTD. Coach Golf Estates with Environmental BACKGROUND: On November 20, 1990, the City Council approved Ordinance No. 327 adopting a Development Agreement with Environmental Development,' LTD. for the development of Old Coach Golf Estates. This agreement provided for specific performance dates for a number of the public improvements as well as a $335,000 gnatcatcher mitigation payment. $254,870 of the gnatcatcher mitigation payment was to be used for reimbursement of part of the purchase price of the Goodan Ranch by the City of Poway. The purpose of this amendment to the Development Agreement is to require interest to be paid to the city on funds used to purchase the Goodan Ranch and to extend the performance dates within the Development Agreement by 18 months. FINDINGS: Attached for city Council consideration is a proposed First Amendment to the Old Coach Golf Estates Development Agreement with Environmental Development, LTD. This agreement requires the payment of 8 percent interest to the City of poway on the $254,870 used to purchase gnatcatcher habitat from the date of the amendment and extend the performance dates for construction of various improvements by 18 months. This amendment has been prepared in conformance with section 7.1.1. of the Development Agreement, adopted on November 20, 1990, FISCAL IMPACT: The City will Goodan Ranch. these funds. receive 8% interest on funds used to purchase the The ultimate amount to be determined upon payment of r ACTION: l 1 of 5 " ,I, ~J 19~2 ITEM 1- Agenda Report 1st Amendment to Old Coach Golf Estates Development Agreement August 25, 1992 Page 2 PUBLIC NOTICE AND CORRESPONDENCE: standard Distribution and Environmental Development, LTD. RECOMMENDATION: It is recommended that the City Council approve the First Amendment to the Old Coach Golf Estates Development Agreement with Environmental Development, LTD. JLB:cb Attachment: Proposed First Amendment to Development Agreement (C:\WPS1\RPT\OLDCOACH.AMD) 2 of 5 AUG 2 5 1992 ITEM 17 RECORDING REQUESTED BY: City of Poway ) ) ) ) ) ) ) ) ) ) ) WHEN RECORDED, MAIL TO: City Clerk City of poway P.O. Box 789 Poway, CA 92064 No Transfer Tax Due (This space for Recorder's usel FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement ("First Amendment") is made and entered into as of , 1992, by and between the CITY OF POWAY, a municipal corporation organized and existing under the laws of the State of California ("city"), and ENVIRONMENTAL DEVELOPMENT, LTD., a California limited partnership ("Developer") with reference to the following facts: A. Development Aqreement. The City and Developer entered into a Development Agreement ("Development Agreement") dated November 27, 1990, which provided for the development of certain property in the City known as the Old Coach Golf Estates ("Old Coach project"). B. Settlement Aqreement. The City, Developer, and the Sierra Club entered into a Settlement Agreement and Mutual Release of All Claims ("Settlement Agreement") dated , 1991 which provided for the dismissal with prejudice of a lawsuit initiated by the Sierra Club to challenge certain aspects of the development approvals for the Old Coach project. The Settlement Agreement also provided for the amendment of certain paragraphs in the Development Agreement between the City and the Developer, C. Purpose of Amendment. The City and the Developer desire to amend certain paragraphs in the Development Agreement to require that the Developer pay interest on a $254,870.00 mitigation payment and to revise the dates for performance by the Developer. Now, therefore, with reference to the foregoing recitals and in consideration of the mutual promises, obligations, and covenants herein contained, the City and the Developer agree as follows: S0175\envdev.lst\ 3 of 5 ~i:G 23 :992 ITEM , -. 1. commencing on the date of this First Amendment, interest shall accrue at the rate of eight percent (8%) per year to the principal of the $254,870.00 mitigation payment described in paragraph 3.7 of the Development Agreement, as amended by paragraph 2 of the Settlement Agreement. Such interest shall continue to accrue until the Developer has paid the $254,870.00 mitigation payment in full, plus any accrued interest, upon the receipt of a grading permit for the Old Coach project. 2. The dates for performance set forth in paragraphs 3.2 through and including 3.11 of the Development Agreement, as amended by paragraph 8 of the Settlement Agreement, shall be extended for an additional eighteen (18) months. 3. Except as amended hereby, all terms and conditions of the Development Agreement, as amended by the Settlement Agreement, shall remain in full force and effect, S0175\envdev.lst\ 2 4 of 5 AUG 2 5 1992 ITEM 17 IN WITNESS WHEREOF, the undersigned have executed this First Amendment as of the day and year first above written. "city" CITY OF POWAY By: Jan Goldsmith, Mayor of the City of Poway ATTEST: Marjorie K. Wahlsten, City Clerk APPROVED AS TO FORM: Stephen M. Eckis. City Attorney "Developer" ENVIRONMENTAL DEVELOPMENT, LTD., a California limited partnership By: Planned Real Estate Investments, Inc. a California Corporation, general partner By: Bruce E. Tabb, President (Notarization Required) SD175\envdev.lst\ 3 5 of 5 ldG 25 199Z ITEM 1 i