ADMINISTRATIVE AMENDMENT TO

Transcription

1 WHEN RECORDED MAIL TO: JOANN TILTON, MMC CITY CLERK CITY OF MANTECA 1001 W. CENTER STREET MANTECA, CA Exhibit A ADMINISTRATIVE AMENDMENT TO DEVELOPMENT AGREEMENTS RELATING TO PAYMENT OF DEVELOPMENT AGREEMENT FEES, ELIGIBLE LIFE OF SEWER ALLOCATIONS, AND TERMS OF AGREEMENTS THIS AMENDMENT is entered into this day of, 2010 by and between the CITY OF MANTECA, a municipal corporation organized and existing under the laws of the State of California ( City ) and the developers of the following Projects (hereinafter referred to as Developers). Project Effective Date of Agreement Dutra Estates January 19, 2005 Ed s Place March 5, 2008 Ken Hill Estates February 2, 2006 Lincoln Estates May 31, 2006 Lundbom Estates December 17, 2009 Lupton #2 March 5, 2008 Oleander Estates April 18, 2007 Paseo West January 19, 2005 Shadowbrook February 2, 2006 Sundance April 18, 2007 Terra Bella August 4, 2005 Tesoro December 2, 2004 Union Ranch September 14, 2005 Villa Ticino West July 6, 2005 This Amendment is to those Development Agreements ( Agreements ) entered into on the dates noted above for each respective Project. City and Developers of the above Projects are from time to time hereinafter referred to individually as City and Developers or collectively as the Parties. RECITALS A. The Agreements each provide for the timely development of the Projects, establish timelines for the payment of development agreement fees, define deadlines by which building 1

2 permits must be pulled or sewer allocations revoked, and establish Terms for the respective Agreements. B. The Manteca City Council has voted to cease collection of any and all development agreement fees that would otherwise be due and payable by June 30, The Parties now wish to amend the various Agreements memorializing this action, and extending deadlines to secure building permits and overall Terms of the Agreements, to provide consistency for this action taken by the City Council relating to development agreement fees. C. The Agreements authorize amendments from time to time in whole or in part by mutual consent of the Parties. D. NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the Parties agree as follows: AGREEMENT 1. The preamble, Recitals and all defined terms set forth in the original Agreement for each Project are hereby incorporated into this portion of this Administrative Amendment as if set forth herein in full. 2. This Administrative Amendment hereby amends the Agreements. However, except as the Agreements are expressly amended by this Administrative Amendment, the Agreements shall remain operative and in full force and effect. 3. Term. Section 1.05 of the Agreements is hereby amended to extend the respective Terms that were included in the original Agreements, or as subsequently amended, by five (5) years. 4. Development Agreement Fees. The payment of the Development Agreement Fees listed in each of the Agreements is hereby amended. Any Project that would otherwise be required to pay a Development Agreement Fee upon issuance of a building permit prior to June 30, 2015 shall be relieved of the obligation of paying such Development Agreement Fees. This waiver of Development Agreement Fees shall only be available for those Developers who pull building permits prior to June 30, 2015 and would have otherwise been required to pay Development Agreement Fees prior to pulling building permits. No Developer shall be entitled to any reimbursements or credits for any Development Agreement Fees already paid to the City for their respective Project(s). 5. Growth Management. Project Allocations. Limitations. The limitations relating to the issuance of building permits in order to secure and retain Project Allocations are hereby amended as follows. Developers are hereby granted an additional five (5) years in which to obtain a building permit for any Project Allocations granted for their respective Projects beyond the original time prescribed in the original Agreements, or as otherwise amended. In the event a building permit is not obtained for a lot or lots within this amended timeframe, those Project Allocations shall be relinquished to the City. 2

3 6. Developers shall comply with the original Agreements, unless otherwise provided in this Administrative Amendment. 7. Developers shall be the first to sign this Administrative Amendment and then shall deliver this Administrative Amendment to the City Manager for his signature. After the City Manager signs this Administrative Amendment, the City Clerk shall record an executed copy of same in the Official Records of the County of San Joaquin. IN WITNESS WHEREOF, this Administrative Amendment has been approved and executed by each party hereto as of the day and year shown on the notarial acknowledgement pages to this Administrative Amendment; the last date in time shall be the date appearing in the preamble to this Administrative Amendment. City CITY OF MANTECA APPROVED AS TO FORM Steven J. Pinkerton, City Manager John D. Brinton, City Attorney Developers ED S PLACE DUTRA ESTATES Edward A. Machado, Trustee Joseph C. Anfuso, President, Florsheim Homes Lorie J. Machado, Trustee Joseph C. Anfuso, President, Rose Park, LLC LINCOLN ESTATES Edward A. Machado, Trustee Joseph C. Anfuso, President, Rose Petals, LLC Nicholas Arenson, Vice President, Western Pacific Housing, Inc. Lorie A. Machado, Trustee 3

4 LUPTON #2 _ James E. Jimison, Taylor Morrison Homes of California, LLC KEN HILL ESTATES Edward A. Machado, Trustee Lorie A. Machado, Trustee PASEO WEST Larry Anderson, President, Anderson Homes SHADOWBROOK Marie F. Raymus, President Raymus Development and Sales, Inc. SUNDANCE _ Toni Raymus, President Bob Raymus, Vice President LUNDBOM ESTATES Jeremy Gann, Property Owner OLEANDER ESTATES Toni Raymus, President Thomas P. Doucette, Managing Member Valley Investment Portfolio, LLC George K. Gibson, Managing Member Valley Investment Portfolio, LLC Shirley M. Dutra, Trustee Shirley M. Dutra 1997 Bob Raymus, Vice President Karen A. Macedo Cambra, Property Owner Gerald Ettle, Property Owner Victoria Ettle, Property Owner Marion G. Dutra, Jr., Property Owner 4

5 Herman L. Silveira, Property Owner Diane Dutra, Property Owner Joseph Dutra, Property Owner James Dutra, Property Owner Rosemarie E. Silveira, Property Owner Melvin D. Luis Jr., Property Owner Richard F. Maehl, Property Owner TERRA BELLA Maria A. Dutra, Property Owner Thomas P. Doucette, President Frontier Land Companies, a California Corporation Carol B. Tougas, Vice President, Bright Homes TESORO George K. Gibson, Sr. V.P. Scott Hoisington, President, Manteca Holdings, Inc. Frontier Land Companies, a California Corporation VILLA TICINO WEST Scott Hoisington, President, Woodside Ponte Verde, Inc. Toinette Rossi, Successor Trustee of the Andrew J. Rossi Sr Trust Under Agreement Dated 11/21/03, as amended 12/22/03 and 4/1/03 and 4/23/04 Mary Aksland, Trustee of the Mary Aksland Separate Property Trust, Dated May 19, 1995 Scott Hoisington, President, Woodside Teirra D Or, Inc. Eric Anderson, Authorized Representative, Standard Pacific Corp. 5

6 Patricia Teunissen, President of A. Rossi Incorporated, a California Corporation UNION RANCH Daniel J. Carroll, Pulte Homes Scott Hoisington, President, Woodside Union Ranch, Inc., LLC Toinette Rossi, Secretary, Treasure of A. Rossi Incorporated, a California Corporation Patricia Teunissen, President, A. Rossi Inc., a California Corporation Toinette Rossi, Secretary/Treasure of A. Rossi, Inc., a California Corporation _ Thomas P. Doucette, R.L.D. Partners, L.P., Trustee of The Thomas P. and Barbara A. Doucette Family Trust of , General Partner Scott Hoisington, President, Woodside Cascade, Inc., LLC Albert G. Boyce, V., Manager, Union Ranch Partners, LLC _ George K. Gibson, Cimarron Partners I, L.P., Trustee of The George K. and Cherie A. Gibson Revocable Living Trust of , General Partner 6