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Home My WebLink AboutRESO 99201 0160029_20201027_ay_16 Resolution No. 9920 Resolution of the Council of the City of Palo Alto Authorizing the City Manager or Designee to Execute Amendment No.2 to a Lien to Secure Deferred Payment of Development Impact Fees And/or In-Lieu Fees for 567 Maybell RECITALS A. situated in the City of Palo Alto, County of Santa Clara, State of California, generally known and described as 567 Maybell, Palo Alto, California (the "Property"); and B. application(s) for Tentative Map and Architectural Review, respectively, subject to conditions of approval including the payment of development impact fees and/or in-lieu fees under Chapter C. defer payment of development impact fees and the Parties executed the AGREEMENT. D. On or about October 15, 2018, Council adopted Resolution 9794 approving the -lieu fees pursuant to Section 16.65.060 and amending the AGREEMENT, subject to conditions. E. Pursuant to PAMC Section 16.65.060, below market rate housing in-lieu fees must be paid prior to issuance of any building permit for a development project, unless otherwise specified by City Council ordinance or resolution. F. Developer has requested that the time of payment for below market rate housing in-lieu fees and development impact fees be deferred and paid in installments prior to the date a final occupancy permit is issued for the first, fifth and tenth unit in this sixteen unit development. SECTION 1. The City Manager is hereby authorized to execute an agreement deferring below market rate housing in-lieu fees for Architectural Review Approval No. 15PLN- 00248 and Tentative Map Approval No. 15PLN-00270 to allow payment in installments prior to the date a final occupancy permit is issued for the first, fifth and tenth unit in this sixteen unit development, subject to 4% interest compounded annually for each year of deferral. In no event shall fees be deferred beyond December 31, 2021. // // 2 0160029_20201027_ay_16 SECTION 2. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: October 26, 2020 AYES: CORMACK, DUBOIS, FILSETH, FINE, KNISS, TANAKA NOES: KOU ABSENT: ABSTENTIONS: ATTEST: ____________________________ ____________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ____________________________ ____________________________ Assistant City Attorney City Manager ____________________________ Director of Planning & Development Services ______________________________ Director of Administrative Services 1 This document is recorded for the benefit of the City of Palo Alto and is entitled to be recordedfree of charge in accordance withSection 6103 of the Government Code After Recordation, mail to: OFFICE OF THE CITY ATTORNEY250 Hamilton Avenue Palo Alto, CA 94301 AMENDMENT NO. 2 TO AGREEMENT CREATING A LIEN TO SECURE PAYMENT OF DEFERRED PAYMENT OFDEVELOPMENT IMPACT FEES AND/OR IN-LIEU FEESADDRESS: 567 Maybell Avenue, PALO ALTO, CA A.P.N. Nos. 137-25-108 & 137-25-109 This Amendment No. 2 (“AMENDMENT”) to the above-referenced Agreement, recorded in the Official Records of Santa Clara County as Instrument No. 24049742, (“AGREEMENT”), as amended by Instrument No. 24058571, is entered into on ___________ by and between the CITY OF PALO ALTO, a California charter municipal corporation ("City"), and GOLDEN GATE HOMES, LLC, a California Limited Liability Company ("Developer") to secure the payment of deferred development impact fees and or in-lieu fees. RECITALS A. Developer is the owner of that certain tract of land situated in the City of Palo Alto, County of Santa Clara, State of California, generally known and described as 567 Maybell, Palo Alto, California (the "Property"); and B. On or about June 28, 2017 and August 24, 2017, City approved Developer’s application(s) for Tentative Map and Architectural Review, respectively, subject to conditions of approval including the payment of development impact fees and/or in-lieu fees under Chapter 16.64 of the Palo Alto Municipal Code (“PAMC”). C. On or about August 15, 2018, City’s Director of Planning and Community Environment approved Developer’s request to defer payment of development impact fees and the Parties executed the AGREEMENT. D. On or about October 15, 2018 the Palo Alto City Council adopted Resolution No. 9794, approving Developer’s request to defer payment of below market housing in-lieu fees pursuant to PAMC Section 16.65.060 and executed Amendment No. 1 to the AGREEMENT. E. In November 2018, Developer paid $477,135, representing 10% of the housing in-lieu fees due at that time, pursuant to the AGREEMENT, as amended by Amendment No. 1. F. The Parties wish to amend the AGREEMENT. 2 NOW, THEREFORE, for and in consideration of the approval and covenants contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 1 of the AGREEMENT, Deferral of Fees is hereby amended to read as follows: 1.Deferral of Fees. Pursuant to PAMC Section 16.64.030 and City Council Resolution ______, payment of the development impact fees and in-lieu fees identified in Exhibit B shall be deferred as follows:a. Prior to the date of final occupancy approval for the first completed unit, Developer shall pay $2,640,000 in housing in-lieu fees. Prior to the date of final occupancy approval for the fifth (5th) completed unit, Developer shall pay one-half of the then-outstanding housing in-lieu fees. Prior to the date of final occupancy approval for the tenth (10th) completed unit, Developer shall pay all remaining housing in-lieu fees. b. Developer shall pay development impact fees for the Project in approximately equal one-third (1/3) installments prior to the dates of final occupancy for the first, fifth and tenth completed units. c. In no event shall the payment of any fee be deferred beyond December 31, 2021.d. The amount of outstanding housing in-lieu fees and development impact fees shall be calculated using the rates in effect at the time of payment, with an additional four percent (4%) increase, compounded annually from the date of building permit issuance. 2. The following Exhibit(s) to the AGREEMENT is/are hereby amended to read as set forth in the attachments to this Amendment, which are incorporated in full by this reference: a. Exhibit “B” entitled “DEFERRED DEVELOPMENT IMPACT FEES AND/OR IN-LIEU FEES” 3. Except as herein modified, all other provisions of the AGREEMENT, including any exhibits and amendments thereto, shall remain in full force and effect. 3 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate the day and year first above written. CITY OF PALO ALTO Developer ____________________________ ______________________________ Name: ______________________ City Manager Title: _______________________ APPROVED AS TO FORM: ____________________________ Albert S. Yang Assistant City Attorney APPROVED AS TO CONTENT: ___________________________ Jonathan Lait Director of Planning and Development Services 4 EXHIBIT B DEFERRED DEVELOPMENT IMPACT FEES AND/OR IN-LIEU FEES Name of Fee Estimated Amount of Fee (As of October 2020) Public Art In-Lieu $112,486.40 Community Centers $45,414.22 Libraries $15,406.31 Public Safety $14,783.31 General Government $18,625.15 Charleston/Arastadero Traffic $18,625.15 Citywide Traffic $107,844.71 Parkland Dedication $862,941.71 Sub-Total:$1,196,126.43 Affordable Housing (In-lieu) (90% deferred since November 2018) To be paid prior to issuance of final occupancy for the first unit To be paid prior to issuance of final occupancy for the fifth unit (approximately) To be paid prior to issuance of final occupancy for the tenth unit (approximately) $4,934,239 $2,640,000 $1,147,119.35 $1,147,119.35 Total Deferred:$6,130,365.43 Amounts provided are estimates based on the rates in effect as of October 2020. Fees are payable at the rates in effect on the date of payment. 5 State of _____________________ County of ___________________ On the _______________________ before me, ______________________a Notary Public, personallyappeared _______________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ________________________ Name: ________________________ (Typed or Printed) (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.                 Envelope Id: 77058635BC814BE398FAAE39E86CF81A Status: Completed Subject: Please DocuSign: RESO 9920 Resolution Modifying Timing of Impact Fee Payment.docx, RESO 9920 At... Source Envelope: Document Pages: 29 Signatures: 6 Envelope Originator: Certificate Pages: 2 Initials: 0 Kim Lunt AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 250 Hamilton Ave Palo Alto , CA 94301 kimberly.lunt@cityofpaloalto.org IP Address: 199.33.32.254   Status: Original 10/27/2020 5:08:41 PM Holder: Kim Lunt kimberly.lunt@cityofpaloalto.org Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Palo Alto Location: DocuSign   Albert Yang Albert.Yang@CityofPaloAlto.org Assistant City Attorney City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 97.126.56.32 Sent: 10/27/2020 5:23:31 PM Viewed: 10/28/2020 9:48:36 AM Signed: 10/28/2020 9:48:57 AM      Not Offered via DocuSign Kiely Nose kiely.nose@cityofpaloalto.org Director, Administrative Services/CFO City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 73.70.132.132 Sent: 10/28/2020 9:49:01 AM Resent: 11/4/2020 8:18:31 AM Viewed: 11/5/2020 1:57:26 PM Signed: 11/5/2020 1:57:48 PM      Not Offered via DocuSign Jonathan Lait Jonathan.Lait@CityofPaloAlto.org Interim Director Planning and Community Environment City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 99.88.42.180 Sent: 11/5/2020 1:57:52 PM Viewed: 11/5/2020 3:55:33 PM Signed: 11/5/2020 3:56:18 PM      Not Offered via DocuSign Ed Shikada ed.shikada@cityofpaloalto.org Ed Shikada, City Manager City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 11/5/2020 3:56:23 PM Viewed: 11/5/2020 4:11:17 PM Signed: 11/5/2020 4:11:26 PM      Not Offered via DocuSign   Adrian Fine adrian.fine@cityofpaloalto.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 76.218.106.48 Signed using mobile Sent: 11/5/2020 4:11:31 PM Viewed: 11/5/2020 5:21:28 PM Signed: 11/5/2020 5:21:52 PM      Not Offered via DocuSign Beth Minor Beth.Minor@CityofPaloAlto.org City Clerk City of Palo Alto Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 199.33.32.254 Sent: 11/5/2020 5:21:57 PM Resent: 11/9/2020 8:12:42 AM Viewed: 11/9/2020 8:18:13 AM Signed: 11/9/2020 8:18:23 AM      Not Offered via DocuSign                           Envelope Sent Hashed/Encrypted 10/27/2020 5:23:31 PM Certified Delivered Security Checked 11/9/2020 8:18:13 AM Signing Complete Security Checked 11/9/2020 8:18:23 AM Completed Security Checked 11/9/2020 8:18:23 AM  