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Item 23 - 2nd Ammnd Old Coach Golf Estates ,- - AGENDA REPORT SUMMARY - TO: Honorable Mayor and Members of the City Council FROM: James L. Bowersox, City Mana~ INITIATED BY: John D. Fitch, Assistant City Manager ~ Mark S. Weston, Director of Engineeri~ service~ Javid Siminou, Senior Civil Engineer Ninoy Basuil, Associate Civil Engineer~ DATE: July 11, 1995 SUBJECT: Second Amendment to the Old Coach Golf Estates Development Agreement With Environmental Development Ltd. ABSTRACT The proposed Second Amendment to the Old Coach Golf Estates Development Agreement will require the developer to pay $709,000.00 to the City of Poway to extend the performance dates of completion for an additional thirty-six months for various improvements. ENVIRONMENTAL REVIEW This action is not subject to CEQA review. - FISCAL IMPACT None. ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE A copy of this report was mailed to D. Wayne Brechtel, Attorney. RECOMMENDATION It is recommended that the City Council approve the Second Amendment to the Old Coach Golf Estates Development Agreement with Environmental Development, Ltd. ACTION .~ JUL 11 1995 ITEM 23 , 1 OF 7 ~ AGENDA REPOR1 CITY OF POW A Y This report is induded on the Consent Calendar. There will be no separate discussion of the report prior to approval by the City Council unless members of the Council. staff or public request it to be removed from the Consent Calendar and discussed separately. Jfyou wish to have this report pulled for discussion, please 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 FROM: James L. Bowersox, City Man~ INITIATED BY: John D. Fitch, Assistant City Manager ~ Mark S. Weston, Director of Engineer~ Service~ Javid Siminou, Senior Civil Engineer Ninoy Basuil, Associate Civil Engineer% DATE: July 11, 1995 SUBJECT: Second Amendment to the Old Coach Golf Estates Development Aoreement with Environmental Develooment. Ltd. BACKGROUND: On November 27, 1990, the City Council adopted ordinance No. 327 approving a Development Agreement with Environmental Development, Ltd. for the development of Old Coach Golf Estates (Tentative Tract Map No. 89-13R). Among other things, this agreement provided for specific performance dates for a number of public improvements as well as improvement requirements to Espola Road. On August 25, 1992, the City Council approved the first amendment to the Development Agreement. This amendment required the developer to pay interest to the City at a rate of eight percent per year to the principal of $254,870.00 gnatcatcher mitigation payment until such payment plus any accrued interest was paid in full upon the receipt of a grading permit for the development. It also extended the performance dates set forth in paragraphs 3.2 and including 3.11 of the Development Agreement, as amended by paragraph 8 of the Settlement Agreement, for an additional 18 months. FINDINGS: The proposed Second Amendment (Attachment 1) to the Old Coach Golf Estates Development Agreement requires the Developer to pay $709,000.00 to the City to extend the performance dates for an additional 36 months beyond the deadlines previously established by the First Amendment. This amendment has been prepared in conformance with Section 7.1.1 of the Development Agreement adopted November 27, I990. ACTION: JUL 11 1995 ITEM 23 . 2 OF 7 . - - Second Amendment to the Old Coach Golf Estates Development Agreement With Environmental Development, Ltd. July 11, 1995 Page 2 FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: This action is not subject to CEQA review. PUBLIC NOTIFICATION l CORRESPONDENCE: A copy uf this report was mailed to D. Wayne Brechtel, Attorney. RECOMMENDATION: It is recommended that the City Council approve the Second Amendment to the Old Coach Golf Estates Development Agreement with Environmental Development, Ltd. JLB:JDF:MSW:JS:NB:bw ATTACHMENTS: ..- I. Second Amendment JUL 11 1995 ITEM 23 I ~ n~ 7 ------ .... -~- ..-- ~~-~.- ~~-_.---- --~_._._._--.. - - -~ ~- RECORDING REQUESTED BY: ) ) CITY OF POWAY ) ) AND WHEN RECORDED MAIL TO: ) ) CITY CLERK ) CITY OF POWAY ) P.O. BOX 789 ) POWAY, CA 92074 ) } (This soace for Recorder's Use) SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement ("Second Amendment") is made and entered into as of July , 1995, 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. Develooment Aareement. The City and the 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"). On August 25, 1992, the City and the Developer entered into a First Amendment to Development Agreement ("First Amendment") . . B. Puroose of Amendment. The City and the Developer desire to amend certain paragraphs in the Development Agreement to require that the Developer pay Seven Hundred and Nine Thousand ($709,000.00) to the City in exchange for an extension of 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: 1. Prior to the earlier of eighteen (18) months from the effective date of this Second Amendment or the issuance of the thirty-first (31st) building permit for a residential unit within the Old Coach project, the Developer shall pay Seven Hundred and Nine Thousand Dollars ($709,000.00) to the City. - ATTACHMENT 1 JUL 11 1995 nEII 23 I 4 OF 7 - ------ .-. _________..__.._ n_________._. -~-.--------~-.--~~ -.----- ,-- -.. - . -- 2. The dates for perfonnance set forth in paragraphs 3.2 and 3.4 through and including 3.11 of the Development Agreement, as amended by the First Amendment, shall be extended for an additional thirty-six (36) months. 3. Paragraph 3.3 of the Development Agreement shall be amended to read as follows: The Developer and its successors in interest agree that the portion of Old Coach Road fronting the fire station shall be realigned to intersect with Espola Road at the four way intersection and traffic signal as shown on TIM 89-13 and as further shown on Exhibit "C" to this Development Agreement. 4. Paragraph 3.4 shall be deleted in its entirety. 5. The City agrees that when the Developer applies for a final map for any portion of the Old Coach project, the following conditions shall be deemed satisfied as specified below: 5.1 Condition 7 under the heading Streets and Sidewalks on page 11 of Resolution No. P-90-34 ("Resolution"), Condition 22 under the heading Streets and -" Sidewalks on page 13 of the Resolution. Condition I, as related to Espola Road, under the heading Utilities on page 13 of the Resolution, Condition 8, as related to Espola Road, under the heading Utilities on page 14 of the Resolution, Conditions 1 and 2 under the heading Sewer on page 15 of the Resolution, Condition 1 under the heading Water on page 15 of the Resolution, the Condition under the heading Traffic Signal on page 16 of the Resolution, and Condition 6 under the heading General Requirements and Approvals on page 19 of the Resolution shall be deemed satisfied in their entirety without any further action or expenditure on the part of the Developer. 5.2 The portion of Condition 3 under the heading Utilities on page 14 of the Resolution providing for undergrounding of utilities shall not require undergrounding of 12 lev transmission lines which are or could be located on poles with 69 lev transmission lines that are located within the boundaries of the Old Coach project. 6. Final engineering plans for the widening of Espola Road from the westerly boundary of the Old Coach project to the northerly boundary of Bridlewood shalI be prepared by the Developer and approved by the City prior to construction of Espola Road. In addition, a landscaping plan, which includes the location of a sidewalk, for the north side of Espola Road from the westerly boundary of the Old Coach project to the existing intersection of Old Coach Road and Espola Road shall be designed by the Developer and_ approved by the City prior to construction of Espola Road. Developer shall be responsible for construction of the sidewalk on the north side of Espola Road from the westerly boundary - of the Old Coach project to the easterly boundary of the Old Coach project. :0 175\envdcv\secODd6.amd JUL 11 1995 ITEM 23 5 OF 7 , , 7. Except as amended hereby, all terms and conditions of the Development Agreement, as amended by the First Amendment, shall remain in full force and effect. IN WITNESS WHEREOF. the undersigned have executed this Second Amendment as of the day and year ftrst above written. "City" CITY OF POW A Y By: Don L. Higginson, Mayor of the City of Poway ATTEST: Marjorie K. Wahlsten. City Clerk APPROVED AS TO FORM: Stephen M. Eckis. City Attorney "Developer" ENVIRONMENTAL DEVELOPMENT, L TD.. a California limited partnership By: Planned Real Estate Invesnnents, Inc. a California Corporation, general partner By: .4--~~ Bruce E. Tabb, President (Notarization Required) - "0 175\envdev\socond6.amd 3 JUL 11 1995 ITEM 23 6 OF 7 -. - . ~ /j } -. STATE OF ;(jj;;~ )S.S COUNTY OF ) On ~~~:J , 14"5 ,before meb~;;;"/' e Notary Public in end for said Co and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose neme(s) islere subscribed to the within instrument and acknowledged to me that heJsheAhey executed the same in hislherAheir authorized, capacity(IBS), and that by hislherAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Elizabeth N. Lee ~ ~ Y\ ,c{~~c Comm. .'032717 .p-. MY PIa.lC CALIFORH 0 IAN 0lEGCl COUNTY eao-. EII*w JuIr 21. 'III ~ Signatur {TllII_1or _ ncIarlII-> I STATE OF IS.S. COUNTY OF } On ' before me. ' a Notary Public in and for' said County and State. personally appeared - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helsheJthey executed the same In hislherAhelr authorized caplICity(ies), and that by hislherAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s} acted. executed the instrument. WITNESS my hand and official seel. Signature {TllII_Ior- --> I STATE OF 15.5. COUNTY OF } On , before me, ' a Notary Public in and for said County and State. personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that heJsheJthey executed the same in hislher/lheir authorized capacltyQes), and that by hislherAhelr signature(s) on the instrument the person(s). or the eiltlty upon beha:f- of which the person(s) acted, executed the instrument. - WITNESS my hand and olllclal saal. Signature :JUL 11 1995 ITEM 23 (This _lor _I _1-,\ 7 f"lC' 7