HomeMy WebLinkAboutCC RES 93-06RESOLUTION NO. 93-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING DEVELOPMENT
AGREEMENT 92-001
The City Council of the City of Tustin does hereby
resolve as follows:
I. The City Council finds and determines as follows:
That an application has been filed by The
William Lyon Company, requesting approval of
Development Agreement 92-001 establishing a
mechanism for acceptance by the City of the
applicant's agreement to provide a financial
contribution for construction of park
facilities.
That a public hearing was duly noticed, called
and held on said application by the Planning
Commission on January 11, 1993 and the City
Council on February 1, 1993.
That an Environmental Impact Report (EIR 85-2)
for the East Tustin Specific Plan has been
certified with Addendum No. 4 in conformance
with the requirements of the California
Environmental Quality Act for the subject
'ect.
pro]
Development Agreement 92-001 is consistent
with uses authorized in the East Tustin
Specific Plan, as amended by Zone Change 92-
002.
Development Agreement 92-001 is in conformity
with the public necessity, convenience,
general welfare and good land use practices in
that it would provide a mechanism for
financial contributions to be made by the
applicant to the City for development of park
facilities.
Development Agreement 92-001 would not affect
orderly development of the property in that
any future development proposal for the
property would be subject to the City's Design
Review and subdivision process.
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Resolution 93-06
Page 2
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Development Agreement 92-001 would have a
positive fiscal impact on the City in that
voluntary contributions would be made by the
applicant to the City which would be used for
development of park facilities.
II.
The City Council hereby approves Development
Agreement 92-001 in substantially the form attached
hereto as Exhibit A and incorporated herein by
reference, and approval of the City Attorney.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 1st day of February, 1993.
~EgLIE ANNE PONTIOUS
Mayor
City ~lerk -
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. 93-06
MARY E. WYNN, city Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is 5; that the above and
foregoing Resolution No. 93-06 was duly and regularly
introduced, passed, and adopted at a regular meeting of
the Tustin City Council, held on the 1st day of February,
1993.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED:
None
COUNCI LMEMBER: ABSENT:
None
Pontious Potts Puckett Saltarelli Thomas
city ~lerk ~
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
city Clerk
city of Tustin
300 Centennial Way
Tustin, CA 92680
EXEMPT FROM RECORDING
FEES PURSUANT TO
GOVERI~MENT CODE 6103
DEVELOPMENT AGREEMENT
This Development Agreement is made this day of
, 1992, by and between The William Lyon Company, a
California corporation, formerly known as Lyon Communities Inc.
hereinafter referred to as ("Developer") and the City of
Tustin, a municipal corporation hereinafter referred to as
("City") .
RECITALS
WHEREAS, Developer is the owner of approximately 14.14
acres of real property (the "Property") within the City of
Tustin, which Property is more particularly described on
Exhibit "A" attached and incorporated herein by reference; and
WHEREAS, Developer has proposed, and City agrees to the
payment of funds to construct the public park improvements
("the funds") in anticipation of proposed rezoning of the
Property from medium density residential to medium-high density
residential; and
WHEREAS, this Development Agreement is adopted pursuant to
Government Code Sections 65864 et. seq.; and
THEREFORE BE iT RESOLVED, between Developer and City as
follows:
1. Proposed Rezon~nq=
Developer has proposed a rezoning of its property and an
amendment to the East Tustin Specific Plan under which the
Developer proposus to increase the existing allowable density
from 18 dwelling units per acre to 25 dwelling units per acre
on Lot 12 of Tract 12870. Developer agrees and understands
that Developer must submit appropriate rezoning and specific
EXHIBIT a
plan amendment entitlement applications which shall be subject
to the full and unrestricted right of the City to grant, deny
or conditionally approve said proposed rezoning without
restriction. Developer further acknowledges that the existing
zoning for the Property does not. allow the construction of
dwelling units in excess of 18 dwelling units per acre, as the
existing zoning for the Property is medium density residential.
2. Agreement to Pay Park Funds.
Developer hereby agrees to pay to City a contribution in
the amount of $2,000 for each excess dwelling unit (that is
each unit over and above units constrtloted in excess of 18
units per acre) up to, but not to exceed a maximum of $200, 000.
As used herein, the term "excess dwelling unit" shall mean each
excess dwelling unit constructed by the Developer on the
Property in excess of 254 dwelling units. In the event
Developer does not receive zoning and specific plan approvals
from City to build excess dwelling units, Developer shall have
no obligation to pay the above stated funds to City.
3. Timing of Payment.
To implement paragraph 2 above, Developer shall begin
paying a "Prorata Per Unit Contribution" per excess dwelling
unit at the initial start-up o~ construction of the project;
that is, when the first building permit is obtained for the
construction of a dwelling unit on the Property, Developer
shall pay a Prorata Per Unit Contribution, and for each
building permit thereafter issued to Developer by City.
As used in the foregoing sentence, the term "Prorata Per
Unit Contribution" shall mean an amount equal to the product of
(a) $2,000, multiplied by (b) a fraction, the numerator of
which is the total number of dwelling units in excess of 254
for which Developer receives tentative map approval from the
City, and the denominator of which is the total number of
dwelling units for which Developer receives tentative map
approval from the City. If, for any reason, Developer and/or
any and all successors-in-interest are unable or fails to build
all of the excess dwelling units used in calculating the
Prorata Per Unit Contributions, after completion of the
project, City shall reimburse Developer, within thirty (30)
days of demand therefore, an amount equal to the difference
between (y) the actual amount paid by Developer to City in
Prorata Per Unit Contributions, minus (z) the product of $2,000
multiplied by the actual number of excess dwelling units
constructed by Developer and/or any and all successors-in-
interest on the Property.
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4. Use of Funds.
City agrees to use all of the funds solely for
construction of public park improvements within the East Tustin
Specific Plan area in the City of Tustin.
5. Aqreement Runninq with the Land.
Developer's contingent obligation to pay the funds is for
the benefit of City and all real property owned by City within
the City of Tustin, and 'is intended to and shall run with the
Property and inure to the benefit of and be binding upon the
parties hereto and their respective s~C~essors and assigns,
including without limitation Developer's successors in
ownership of the Property. An owner of the Property shall only
be obligated for payment of said funds during its period of
ownership of the Property, and upon any transfer of ownership
of the Property to a new owner or owners and the obligations
prescribed herein running with the land, the transferor shall
be automatically released from all liability hereunder.
6. Liens and Encumbrances.
The Property and each parcel and dwelling unit thereof
shall be subject to a lien for. the obligations prescribed in
this Agreement. Upon payment of the Prorata Per Unit
Contribution to City for each dwelling unit, the City shall,
upon request, deliver to Developer a duly executed release of
the lien prescribed herein as to such dwelling unit. In the
event Developer does not receive zoning and specific plan
approvals from City to build excess dwelling units, Developer
shall have no obligation to pay.
7. Mortqaqe or Deed of Trust.
The breach or the attempt to breach any of the covenants
or other provisions contained herein, shall not defeat, affect
or render invalid the lien or charge of any mortgage or deed of
trust made in good faith and for valuable consideration;
provided, however, that all such covenants and other provisions
shall remain in full force and effect, notwithstanding the
foreclosure and subsequent foreclosure sale of any mortgage or
deed of trust which shall hereafter constitute an encumbrance
on the Property.
8. Periodic Review.
This Agreement shall be subject to periodic review at
least every 12 months, pursuant to Government Code Section
65865.1.
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9. Term.
This agreement shall remain in effect until all
contributions have been paid in accordance with paragraph 3
above.
10. Hold Harm]ess and Defense.
Developer agrees to and shall indemnify, save, defend and
hold City, its officers, agents and employees, harmless from
any liability arising from claims from the City's approval or
execution of this Agreement.
This foregoing provision applies to all damages and claims
for damages suffered or alleged to have been suffered by reason
of the operations referred to in this section, regardless of
whether or not city preferred, supplied, or approved plans or
specifications, or both, or all, for the project.
11. Notices.
Ail notices under this Agreement shall be given to the
following representatives of the parties, at the addresses
indicated below by personal service, or by registered certified
United States mail, postage prepaid, return receipt requested,
addressed as follows:
If to City:
City of Tustin
300 Centennial Way
Tustin, California 92680
Attn: City Clerk
Copy to: City Attorney
If to Developer:
The William Lyon Company
4490 Von Karman Avenue
Newport Beach, California 92660
Attn: Mr. Chris Hawke
12. AssJqnment.
Developer ma},, at its discretion, jcin and assocJatc with
other entities into joint-ventures, partnerships, or otherwise
for the purpose of performing under this Agreement. The rights
under this Agreement may be transferred or assigned in whole by
Developer by written notice to the City within thirty (30) days
after the effective date of such assignment.
1~. Time i~ of the
Time ia of the a_--sem=~
of which t!~e is an element.
City:
City of Tuetin
axe,-'ut ed tt~i~
APPROVED AS TO FORM:
my:
Mayor
Jamea ~. Rourk,
City Attorney
Ly~.~v
DEVELOPER:
The Will ~
.am Lyon Company
Title
EXHIBIT A
DEVELOPMENT AGREEMENT
ZO~ CHANGE 92-002 (LYON)
LEGAL DESCRIPTION
Lots 12, "L" and "N" of Tract 12870