Item 23 - 2nd Ammnd Old Coach Golf Estates
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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.
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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
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~ 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:
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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.
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ATTACHMENTS:
..- I. Second Amendment
JUL 11 1995 ITEM 23 I
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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
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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
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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)
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-. 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
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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
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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-,\
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