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
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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").
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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
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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
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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
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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.
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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.
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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
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Name:
Title:
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[ALL SIGNATURES SHALL BE NOTARIZED.]
EXHIBIT A: LEGAL DESCRIPTION OF THE AGE RESTRICTED PROPERTY
EXHBIT B: MAP OF THE AGE RESTRICTED PROPERTY
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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