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Home My WebLink About1990-03-27 - AGENDA REPORTS - WATT AMERICA/CIRCLE J AGMT (2)I , AGENDA REPORT City Manager Approval Item to be presented by: CONSENT CALENDAR John E. Medina DATE: March 27, 1990 SUBJECT: WATT AMERICA/CI CLE J AGREEMENT MODI CATION DEPARTMENT: Public Works �/� BACKGROUND On March 13, 1990 the Council directed the City Attorney to draft an amendment to the Emergency Access Improvement Agreement relative to the subject project. The basis for the amendment was to separate the Release of Occupancy of the 82 units under Tract 44452 from the requirement to execute a development agreement at this time and incorporate the offer from Watt America for 1,000 trees, the donation of $100,000.00 to the school districts, and a donation of $250,000.00 for road purposes to the City. In addition, we were to incorporate provisions that the Development Agreement would be negotiated by both parties without a specific time in which this development agreement for the remainder of this Circle J project would be executed. Attached to this letter is an amendment which incorporates all of the items enumerated above. We feel this amendment is in the best interest of the City and the future homeowners who will be residing in the 82 units. Based on this amended agreement, we are recommending that the Council accept the offer and approve the amendment. RECOMMENDATION The City Council approve the attached amendment to the Emergency Access and Improvement Agreement between the City and Ridgedale Partners, a California General Partnership (WATT America Inc., Managing general partner), which was executed by both parties on August 22, 1989. ATTACHMENT Amendment PP' iVED M - 1tem:ow AMENDMENT TO TEMPORARY EMERGENCY ACCESS TO IMPROVEMENTS AGREEMENT TRACT 44452 This Amendment to Temporary Emergency Access and. Improvements AyLeement (the "Amendttent") dated , 1990, amends and modifies that certain Temporary Access and Improvements Agreement, dated August 22, 1989 (the "Agreement"), entered into by and between RIDGEDALE PARTNERS, a California general partnership ("Ridgedale"), and the CITY OF SANTA CLARITA, a municipal corporation (the RECITALS: A. Ridgedale has performed all of its obligations far Lhe pustlrig of bonds and security under Paragraph 1 of the Agreement. B. Ridgedale has performed all of its obligations tor the construction of the Temporary Access (as defined in the Agreement) under Paragraph 2(a) of the Agreement. C. Ridgedale has performed all of its obligations for the payment of Fees under Paragraph 4 of.the Agreement. D. The parties desire to provide an alternative arrangement to the mutual obligations described in Section 5 of the Agreement. E ® ACAEEMENT: In consideration of, the above recitals and the mutual agreements contained in this Amendment, the City and Ridgedale agree as follows: 1. The existing text of Section 5 is hereby labeled as Paragraph (a) to said Section 5, 2. Paragraph (b) is added to Section 5 to ds L0110ws : (b) I1, lieu of, and as an alternative to, the obligations described in Paragraph 5(a) above, the City may issue releases for occupancy for the homes constructed in Tract 44452 upon Ridgedale: Paying 00 in cash to the school district;(ii ying paying $250,000 to the City for street improvement purposes; and (iii) donating, providing, and delivering one thousand (1,000) healthtrees, in good , 24 inch box minimum size, to the City for general landscaping purposes, and at such times, as determined by the City in its sole discretion. Ridgedale agrees to provide the trees in groups of at least 50 trees as requested, by the City, It is understood that the City may request deliver of at any time after execution of this Agreementsuchsand that requests for a portion of such trees, or all of such trees, may occur after the City has released all of the homes in the tract for The ofCanynor•allofCthe'homesea�ethetract roccupancy not release Ridgedale shal from, its obligationsa�l under this Agreement to provide the trees in the manner and at the time requested. It is also understood that Ridgedale may first satisfy its obligation to provide trees under this paragraph from the tree farm owned and maintained by Ridgedale, but only to the extent that such trees have been selected and approved by qualified City Park Department officials or employees. To the extent that -2- Ridgedale is unable to provide any or all of the requested trees from Ridgedale's tree farm, Ridgedale shall provide trees from a reputable nursery or supplier, approved by the City, and such tiet�5 shall be consistent with the specifications contai:•.ed in this paragraph and of a variety or varieties approved by the City. The City and Ridgedale shall proceed cji.].iyCiiLly mLik! iii yGGd roiti: to enter ir,te a statutory Development Agreement containing the terms and provisions described in paragraph 5(a), including payment of the Advance Funding, for the remainder of Circle J Ranch from and aftef the execution of this Amendment. The negotiation and execution of such Development Agreement shall have no effect whatsoever on the release of occupancy of homes for Tract 44452. 3. Except as otherwise modified in this Amendment, the terms and provisions of the Agreement shall remain in full force and effect. 0 IN WITNESS WHEREOF, the parties hereto have u executed this Amendment as of the date and year first hereinabove set forth. "RIDGEDALE" RIDGEDALE JOINT VENTURE, a California General partnership w By: Watt America, Inc., a California corporation, Managing General Part ship $V : L, �\��' � Urso its. sident fr By : L r [y�Nlasi�yn Andrea I Its: Asst.. Secretary -3- L ], E, • dch/AMD29105 By: EMERICK PROPERTIES CORP , a California rat' n, Partne By: By: its: IZ9,411t AL "CITY" CITY OF SANTA CLARITA -4- By: its: