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HomeMy Public PortalAboutOrdinance 842ORDINANCE NO. 842 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA, ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BEAUMONT AND PULTE HOME CORPORATION (PURSUANT TO GOVERNMENT CODE SECTIONS 65864 — 65869.5 WHEREAS, in order to strengthen the public planning process, to encourage private participation in comprehensive planning, and to reduce the economic risks of development, the Legislature of the State of California has adopted sections 65864 through 65869.5 of the Government Code which authorize the City of Beaumont (hereinafter referred to as the "City") to enter into a Development Agreement. WHEREAS, the City, by adopting Resolution No. 1987-34 has adopted rules and regulations establishing procedures and requirements for the consideration of development agreements. WHEREAS, on February 8, 1993, the City Council of the City, after duly complying with the California Environmental Quality Act and all statutes, ordinances and resolutions applicable to the adopting of the General Plan and the General Plan Environmental Impact Report, adopted its Resolution No. 1993-04 certifying that the General Plan Environmental Impact Report had been completed in compliance with the California Environmental Quality Act and its Resolution No. 1993-05 approving the General Plan. WHEREAS, on June 29, 1993, the City Council approved the City of Beaumont Community Facilities District No. 93-1, hereinafter referred to as the "CFD", as part of the City Comprehensive Public Facilities Financing Program, hereinafter referred to as the "Program", pursuant to which the City determined that it was appropriate to provide for certain public facilities and services in order to implement the General Plan and, further, that such facilities and services could best be facilitated through the City issuing bonds secured by liens on the Property to be developed within the City. WHEREAS, on April 28, 1998, the City Council of the City adopted Ordinance No. 780 approving a Pre -Annexation and Development Agreement No. 98 -DA -1 between the City of Beaumont and Oak Valley Partners, L.P. WHEREAS, the applicant, Pulte Home Corporation, is a successor in interest to a portion of the property to which such Development Agreement relates and applicant proposed and submitted and City Staff has reviewed and negotiated a Public Facilities Development Agreement - Addendum (the "Development Agreement Addendum") between the City and Pulte Home Corporation, the owner of Improvement Area No. 14A in the CFD to govern development of 416 acres, hereinafter referred to as the "Property". WHEREAS, the Planning Commission of the City of Beaumont by its recommendation of approval of said Development Agreement Addendum adopted on , 2003, has made the following findings relative to the proposed Development Agreement Addendum between the City and the applicant: 1. The proposed agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Oak Valley Planned Unit Development Plan, as amended on July 16, 2002 relating to the Property; 2. The proposed agreement facilitates land uses which are compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located; 3. The proposed agreement is in conformity with public convenience, general welfare and good land use practice; 4. The proposed agreement will not be detrimental to the health, safety and general welfare; 5. The proposed agreement will not adversely affect the orderly development of property or the preservation of property values; 6. The proposed agreement will enhance the stability of CFD No. 93-1 and other City infrastructure financing programs; 7. The proposed agreement will facilitate quality master planned development which will aid in the economic development of the City; and 8. The proposed agreement will not have an adverse affect on the environment. WHEREAS, the City Council of the City of Beaumont has reviewed the reasons for the recommendation of approval by the Planning Commission as included in the materials submitted by them to the City Council accompanying said recommendation; and WHEREAS, a duly noticed public hearing as required by law was conducted by the Planning Commission of the City of Beaumont on April 8, 2003, and a duly noticed public hearing as required by law was conducted by the City Council of the City of Beaumont on March 18, 2003 and April 15, 2003; THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1: It has been determined that: 1. The provisions of the Development Agreement Addendum between the City of Beaumont and the applicant are consistent with the General Plan and the Planned Unit Development Plan; and 2. The Development Agreement Addendum complies with all applicable zoning, subdivision and building regulations and with the General Plan of the City of Beaumont; and 3. The Development Agreement Addendum states the duration of the Agreement to be a period not to exceed ten (10) years, sets forth the uses of the property, and the density and intensity of use, and sets forth the maximum height and size of proposed buildings by incorporation of the Planned Unit Development Plan and provides for the reservation, dedication and improvement of land for public facility uses. SECTION 2: The Development Agreement Addendum between the City of Beaumont and the applicant is attached hereto as Exhibit "A" is approved and the Mayor of the City of Beaumont is authorized and directed to execute said Development Agreement Addendum on behalf of the City of Beaumont on or after the date when by law this Ordinance shall take effect. SECTION 3: This Ordinance shall take effect thirty (30) days after its final passage and within fifteen (15) days after its passage the City Clerk shall cause a summary to be published in the Press Enterprise, a newspaper of general circulation printed and published in the City of Beaumont in the manner prescribed by law for publishing of ordinances of said City. MOVED, PASSED AND ADOPTED this 15`h day of April, 2003 by the following vote: AYES: Mayor DeForge, Council members Berg, Dressel, Fox, and Valdivia NOES: None ABSTAIN: None ABSENT: None By: /614-"I' £ ^^""/ MAYOR OF TH) IT OF BEAUMONT CERTIFICATION I, Shelby Hanvey, Deputy City Clerk of the City of Beaumont DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the March 18, 2003, and was duly adopted upon second reading on the 15th day of April, 2003, upon the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: DEPUTY CITY CLERK CITY OF BEAUMONT (SEAL) AFFIDAVIT OF PUBLICATION (2015.5 C.C.P.) (This Space for Clerk's Filing Stamp) NOTICE TO BEAUMONT CITIZENS REGARDING ADOPTION OF ORDINANCE NO. 842 On April 15, 2003, the Beaumont City Council adopted Ordinance No. 842, adopting the Development Agreement between the City of Beaumont and Pulte Home Corporation (Pursuant to Government Code Sections 65864 — 65869.5). You may wish to examine the certified copy of the full text of Ordinance No. 842, which is posted in the Beaumont City Hall, 550 East 6'h Street. Dated , 2003, -s- Shelby Hanvey, Deputy City Clerk. CERTIFICATION I, Shelby Hanvey, Deputy City Clerk of the City of Beaumont DO HEREBY CERTIFY that the foregoing Ordinance was introduced at a regular meeting of the City Council of said City held on the 18th day of March, 2003, and was duly adopted upon second reading on the 15th day of April, 2003, upon the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: SHELBY HANVEY DEPUTY CITY CLERK CITY OF BEAUMONT Publish in the Press Enterprise on March 8, 2003 and March 15, 2003. PUBLIC FACILITIES DEVELOPMENT AGREEMENT - ADDENDUM This Public Facilities Development Agreement - Addendum (hereinafter this "Development Agreement Addendum") is entered into to be effective on the date it is recorded with the Riverside County Recorder (hereinafter the "Effective Date") by and between the CITY OF BEAUMONT (hereinafter the "City"), and PULTE HOME CORPORATION, a Michigan corporation (hereinafter the "Developer"). The Developer and the City are sometimes collectively referred to herein as the "parties." RECITALS This Development Agreement Addendum modifies the Pre -Annexation and Development Agreement (the "Pre -Annexation and Development Agreement, and together with the Development Agreement Addendum, the Development Agreement)" entered into to be effective on April 28, 1998, between Oak Valley Partners, L.P., a limited partnership and is predicated upon the following facts: A. These Recitals use certain capitalized terms which are defined in the Pre - Annexation and Development Agreement to which the Developer is successor through acquisition of approximately 257 acres on December 15, 2002 and through an option agreement with respect to approximately 160 acres of land, all as more particularly described on Exhibit "A" attached hereto and shown on Exhibit B attached hereto (the "Age Restricted Property"). B. Government Code Sections 65864 - 65869.5 authorize the City to enter into binding development agreements or amendments thereto with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. The City has implemented the laws contained in such sections by adopting Resolution No. 1987-34, titled "Establishing Procedures and Requirements for Consideration of Development Agreement" (such Resolution, together with the aforementioned Government Code Sections, are being referred to herein as the "Development Agreement Law"). C. This Development Agreement Addendum is adopted pursuant to the Development Agreement Law and modifies the Pre -Annexation and Development Agreement, as such Pre -Annexation and Development Agreement applies to the Age Restricted Property. D. The Developer intends to develop the Age Restricted Property as age restricted residential project (the "Age Restricted Project") in accordance with the Development Plan (as defined in Pre -Annexation and Development Agreement) as modified by the Planned Unit Development Plan recorded June 24, 1998 and the Amendment to the Renaissance at Oak BMTI4APULTEDEVAGMTH.WPD 1 1/31/94 Valley Planned Unit Development Plan approved by City Council Resolution No. 2002-38 on July 16, 2002 (collectively, the Planned Unit Development Plan as amended is referred to herein as the "Oak Valley Planned Unit Development Plan"). The Age Restricted Project is highly capital intensive, especially in its initial phases, which, in order to make the Age Restricted Project economically and fiscally feasible, requires major commitment to and investment in public facilities and on-site and Off-site improvements prior to the construction and sale or leasing of residential and commercial buildings. In order to enable the Developer to expend the necessary sums to prepare the plans referred to herein and to continue to pursue various other pre -development work associated with the development of' the Age Restricted Property, the City desires to provide through the Development Agreement, as modified by this Development Agreement Addendum, for certainty with respect to specific development criteria to be applicable to the Age Restricted Project in order to provide for appropriate utilization of the Age Restricted Property in accordance with sound planning principles. E. The City has determined that the use and intensity of use provided for in the Pre -Annexation and Development Agreement as modified by this Development Agreement Addendum is consistent with the best interests of the City in managing its growth in an orderly and beneficial manner, and with the provisions of the City's General Plan applicable to the Age Restricted Property. F. The predecessor to the Developer has requested approval of, and the City, on July 16, 2002 approved the Development Plan as modified on such date in order to protect the interests of its citizens and the quality of the community and environment. As part of that process of approving the Development Plan for the Age Restricted Project, the City prepared and reviewed, pursuant to the California Environmental Quality Act ("CEQA") the Addendum to the Environmental Impact Report (EIR") for the City of Beaumont Comprehensive General Plan, certified by the adoption of City Council Resolution No. 1993-04 on February 8, 1993. An Expanded Environmental Assessment/Mitigated Negative Declaration as prepared and adopted on April 28, 1998 pursuant to the California Environmental Quality Act to evaluate the potential environmental impacts of the project and the action on July 16, 2002 was based on the prior documentation. The City has determined based on that review that the EIR and the Expanded Environmental Assessment/Mitigated Negative Declaration adequately addresses the potential significant impacts of the Age Restricted Project, and that accordingly neither a supplemental nor subsequent environmental impact report is required for the Development Plan and this Development Agreement Addendum. G. Through a financing by Community Facilities District No. 93-1for Improvement Area No. 14 in 2000 CFD No. 93-1 incurred bonded indebtedness for transportation improvements and through a financing authorized by CFD No. 93-1 for Improvement Area No. 14 A prior to the adoption by the City of the Beaumont Road and Bridge Benefit Mitigation Fee and the Western Riverside County Transportation Uniform Mitigation Fee, CFD No. 93-1 authorized issuance of additional bonded indebtedness for, among other things, the acquisition and construction of public capital improvements described herein (the "Facilities"). BMT I4APULTEDEVAGMTH.WPD 2 1/31/94 H. The Developer has requested the City to consider entering into this Development Agreement Addendum to modify the Pre -Annexation and Development Agreement relating to the Age Restricted Property and proceedings have been taken in accordance with the Development Agreement Law and the City in recognition of the authorization of the financing of Facilities by CFD No. 93-1 for Improvement Area No. 14 A prior to the City adoption of the Beaumont Road and Bridge Benefit Mitigation Fee and the Western Riverside County Transportation Uniform Mitigation Fee, and of the fact that "age restricted" land uses generate significantly less traffic than non -age restricted land uses agrees to credit Pulte for Sewer Connection Fees and for a portion of the Beaumont Road and Bridge Benefit Mitigation Fees imposed on development of the Age Restricted Property as described herein. I. On April 1, 2003, the City Council of the City adopted Ordinance No. approving this Development Agreement Addendum with the Developer. J. The City acknowledges that by electing to enter into contractual agreements such as this Development Agreement Addendum, the obligations of which shall survive beyond the term or terms of the present City Council Members, such action will serve to bind the City and future City Councils to the obligations hereby undertaken. By obligating the City pursuant to this Development Agreement Addendum, the City Council has elected to exercise certain governmental and proprietary powers at the present time rather than deferring action to some undetermined future date. The terms and conditions of this Development Agreement Addendum have undergone extensive review by the City and its City Council and have been found to be far, just and reasonable, and the City has found and determined that the execution of this Development Agreement Addendum is in the best interest of the public health, safety and general welfare of the City and its residents and that adopting this Development Agreement Addendum constitutes a present exercise of its police power. In light of the foregoing Recitals, which are an operative part of this Development Agreement Addendum, the partes agree as follows: 1. Binding Effect. The terms of the Development Agreement shall be binding on the parties hereto. 2. Exhibits. The following documents are referred to in this Development Agreement Addendum, attached hereto and incorporated herein by this reference: Exhibit Designation Description A Legal Description of Age Restricted Property B Map of the Age Restricted Property BMTI4APULTEDEVAGMTH.WPD 3 1/31/94 3. Mutual Benefits. This Development Agreement Addendum is entered into for the purpose of carrying out the Development Plan of the Age Restricted Project in a manner that will ensure certain anticipated benefits to both the City (including, without limitation, residents of the City) and the Developer as set forth in this section. The City and the Developer agree that, due to the size and duration of the Age Restricted Project, certain assurances on the part of each party as to the Age Restricted Project are necessary to achieve those desired benefits. 3.1 Benefits to the City. The benefits to the City (including, without limitation, the residents of the City) under this Development Agreement Addendum include, but are not limited to, those set forth in Exhibit "E" to the Development Agreement. 3.2 Benefits to the Developer. The Developer has expended and will continue to expend substantial amounts of time and money on the planning of the Age Restricted Project and the negotiation and acquisition of required land use approvals, including the those necessary for development as an age restricted project. In addition, the Developer will expend substantial amounts of time and money in construction public improvement and facilities and in providing for public services in connection with the Age Restricted Project. The Developer would not make such additional expenditures without this Development Agreement Addendum and such additional expenditures will be made in reliance upon this Development Agreement Addendum. The benefit to the Developer under this Development Agreement Addendum consists of the assurance that the Developer will preserve the right to develop the Age Restricted Property as planned and as set forth in the Oak Valley Planned Unit Development Plan. 4. Interest of the Developer. The Developer represents that the Developer owns fee title to approximately 257 acres of the Age Restricted Property and an equitable interest in the balance of the property through an Option Agreement by and between the Developer and Temecula Valley LLC, a limited liability corporation qualified to do business in California. 5. Binding Effect of Development Agreement. The terms and conditions of the Development Agreement as modified by this Development Agreement Addendum shall be binding upon and inure to the benefit of the parties only and only with respect to the Age Restricted Property subject to the equitable interest of the Developer and only if the Developer acquires fee title ownership of such Age Restricted Property. This Development Agreement Addendum may not be transferred or assigned. If the Developer does not acquire fee title ownership of the Age Restricted Property or if the Developer transfers, conveys or sells the Age Restricted Property to another entity, the terms and conditions of the Development Agreement shall apply without giving effect to this Development Agreement Addendum, including that such entity shall be subject to the proposed Road Bridge and Benefit fee or the proposed Western Riverside Transportation Uniform Mitigation Fee on the Age Restricted Project or any portion thereof if such fees are enacted or other assessments, fees, mitigation measures, or BMTI4APULTEDEVAGMTH.WPD 4 1/31/94 exactions as may be imposed in accordance with the Pre -Annexation and Development Agreement, including the proposed multi -species habitat conservation project fees or assessments. The Development Agreement shall be binding upon their successors and assigns. If the option is not exercised with respect to any portion of the Age Restricted Property, this Development Agreement Addendum shall not be effective with respect to such property. 6. Age Restricted Project as a Private Undertaking. It is specifically understood and agreed that the development of the Age Restricted Project is a private and not a public sector development, that nether party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement Addendum. No partnership, joint venture or other association of any kind is formed by the Development Agreement Addendum. The only relationship between the City and the Develop is that of a government entity regulating the development of private property by the owner of such property. 7. Term. The term of this Development Agreement Addendum shall be 10 years and thereafter the terms of the Pre -Annexation and Development Agreement shall apply without giving effect to the terms of this Development Agreement Addendum. The Oak Valley Planned Unit Development Plan Conditions of Approval provide that in the event that the active adult component of the project is not under active development (submittal of detailed development plans) within five (5) years of the approval of the Oak Valley Planned Unit Development Plan and issuance of building permits one (1) year thereafter, the approval of the active adult community components of the Oak Valley Planned Unit Development Plan shall thereupon expire and subsequent development of the area shall be subject to prior City Council approvals. If the active adult community components of the Planned Unit Development Plan shall expire, the term of this Development Agreement Addendum shall expire and thereafter the terms of the Pre -Annexation and Development Agreement shall apply without effect to the terms of this Development Agreement Addendum. 8. Addendum to Pre -Annexation and Development Agreement. At such time as CFD No. 93-1 issues bonds with respect to Improvement Area No. 14A, after providing for costs of issuance, administrative expenses and a reserve fund for the related Authority bonds, the first $5,529,581.25 ($3,355,749.00 with respect to sewer treatment facilities and $2,173,832.25 with respect to transportation facilities) of available funds shall be deposited in the construction fund established by CFD No. 93-1 with respect to Improvement Area No. 14 A to be used as determined in the sole and absolute discretion of CFD No. 93-1 and the City for facilities eligible for financing by CFD No. 93-1 with respect to Improvement Area No. 14A. At such time as an amount at least equal to $5,529,581.25 is available for such purposes, the City shall afford the Developer credits against the following fees (or proposed fees) in the following amounts upon the issuance BMTI4APULTEDEVAGMTH.WPD 5 1/31/94 of building permits for each residential unit; such issuance to be considered as complete at such time as the applicable building permit and applicable mitigation fees are paid in full by the Developer: Column 1 Column 2 Column 3 Column 4 Facility/Description Fee Amount (Est. as of March 1, 2003) Fee Credit Fee to be paid (Subject to increase) Sewer Connection Fp.. $2,437.00* $2,437.00 $0.00* Road and Bridge Fee $4,222.73* $2,514.30 $1,708.43* * All fee amounts referenced in Column 2 are subject to escalation as described below. Fee credits shall not exceed the amounts listed per equivalent dwelling units. The maximum number of credits issued shall not exceed an aggregate value of $3,355,749 with respect to the sewer treatment facilities and $2,173,832.25 with respect to transportation facilities, and shall not exceed an aggregate of $1,377 equivalent dwelling units with respect to each fee. In addition to the terms of the Pre -Annexation and Development Agreement which shall be binding upon the Developer as a successor under the Pre -Annexation and Development Agreement, the Developer agrees to pay prior to the issuance of building permits an amount for transportation facilities of $1,708.43 per dwelling unit, escalating commencing July 1, 2003 based on the cumulative percentage increases in the Building Cost Index of the Engineering News Record Index published for the month nearest the effective date of this Addendum to Pre -Annexation and Development Agreement or as applicable to the related fee and an amount equal to any escalation in the sewer connection fee above $2,437.00 per equivalent dwelling unit in accordance with the sewer connection fee imposed by the City. With respect to the transportation fee, if the Building Cost Index shall no longer be published the amount shall increase based on a comparable index selected by the City. Except as described above, the City shall not, without the prior written consent of the Developer, impose the Sewer Connection fee, the proposed Road Bridge and Benefit fee or the proposed Western Riverside Transportation Uniform Mitigation Fee on the Age Restricted Project or any portion thereof. The City and the Developer acknowledge the Sewer Connection Fee, the Beaumont Road and Bridge Benefit Mitigation Fee and the Western Riverside County Transportation Uniform Mitigation Fee are subject to annual escalation and fee credits are based on bond proceeds deposited in the construction fund and not based on any estimate of the number of units to which such amounts might relate as of the date hereof. The foregoing shall not preclude the imposition of other assessments, fees, mitigation measures, or exactions as may be imposed in accordance with the Pre -Annexation and Development Agreement, including the proposed multi -species habitat conservation project fees or assessments. BMTI4APULTEDEVAGMTH.WPD 6 1/31/94 9. Water Service. Developer acknowledges that, pursuant to California Government Code Sections 65867.5 and 66473.7, any tentative map must comply with the provisions of Section 66473.7 relating to availability of water supplies. 10. Amendment or Cancellation of Development Agreement Addendum. This Development Agreement Addendum may be amended or canceled in whole or in part only by mutual consent of the partes in the manner provided for in Government Code Section 65868. 11. Notices. All notices required or provided for under this Development Agreement Addendum shall be in writing and delivered in person and deposited in the United States mail, postage prepaid as provided in the Pre -Annexation and Development Agreement. For purposes thereof, the notices addressed to the Developer shall be sent as follows: Pulte Home Corporation, 39755 Berey Drive, Palm Desert, California 92211, with a copy to 12. Entire Agreement. The Pre -Annexation and Development Agreement as modified by this Development Agreement Addendum sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Development Agreement Addendum. This Development Agreement Addendum does not relate to any other obligation which the Developer may in the future be required to participate in. This Development Agreement Addendum does not, in and of itself, satisfy any conditions of approval of the land use entitlements for development of the Property. 13. Severability. If any term, provision, covenant or condition of this Development Agreement Addendum shall be determined invalid, void or unenforceable, the remainder of this Development Agreement Addendum shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce. 14. Interpretation and Governing Law. This Development Agreement Addendum and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Development Agreement Addendum shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction (including Civil Code Section 1654) or legal decisions to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Development Agreement Addendum and are hereby waived, all parties having been represented by counsel in the negotiation and preparation hereof. BMTI4APULTEDEVAGMTH.WPD 7 1/31/94 15. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Development Agreement Addendum. 16. Counterparts. This Development Agreement Addendum may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 17. Jurisdiction and Venue. Any action at law or in equity arising under this Development Agreement Addendum or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Development Agreement Addendum shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. The parties hereto have executed this Development Agreement Addendum on the day and year first written above. "City" CITY OF BEAUMONT By: Mayor, City of Beaumont Attest: City Clerk of the City of Beaumont "Developer" PULTE HOME CORPORATION, a Michigan corporation BMT I4APULTEDEVAGMTH.WPD By: Name: Title: 8 1131/94 [ALL SIGNATURES SHALL BE NOTARIZED.] EXHIBIT A: LEGAL DESCRIPTION OF THE AGE RESTRICTED PROPERTY EXHBIT B: MAP OF THE AGE RESTRICTED PROPERTY BMTI4APULTEDEVAGMTH.WPD 9 1/91/94 Agenda Item No. 1 . C STAFF REPORT To: Mayor and City Council From: Community and Economic Development Department Date: April 15, 2003 Subject: Development Agreement Addendum for Pulte Homes at Oak Valley Greens - Age Restricted Community Background and Analysis: The proposed Development Agreement would addend the existing Development Agreement for Pulte Homes at Oak Valley Greens to maintain the existing transportation fee structure as set forth in Community Facilities District No. 93-1 financing documents approved by the City in conjunction with the Series 2000 A and 2003 A financings. The Addendum will establish a transportation fee of $ 1,708.42 which shall be subject to annual escalation to account for inflation. The Addendum also requires Pulte to pre -pay approximately $3.3 Million in sewer capacity and transportation fees with Community Facilities District No. 93-1 Series 2003 A proceeds. The project would be exempt from the payment of the Road and Bridge Benefit fee and the Western Riverside County Transportation Uniform Mitigation fee. The proposed Addendum would apply only to the age restricted portion of Oak Valley Greens owned and developed by Pulte Homes. The proposed Addendum cannot be assigned to any successor in interest. Recommendation: Staff recommends the City APPROVE and AUTHORIZE the Mayor to execute the Agreement. Respectfully submitted; CITY OF BEAUMONT David W. Dillon Economic Development Director