Loading...
HomeMy WebLinkAbout29844RDINANCE NO. 2984 AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT THE EAST SIDE OF HIGHWAY 99, CHICO. ~ 2 3 4 5 ~I 711I 8 9 ~.a Il 12 ~3 14 ~5 is 17 ~.8 ls 20 2Z 22 23 24 25 26 The Boa~rd of Supervisars of the County o~ Butte, State af California, und~r and pursuant to Chapter 24-29 of the Butte County Cocie of sai.d County, DO ORDA~'N, as follows: SECT`ION 1. That the Development Agreement with Anderso~ Srothers Corparation in ~he form attached hereto as Exhibit "A" and incorporated herein by this reference is apprave, this Board having found that the pravisians of the agreement aare cons~stent vcnth the Bu~te County General Plan. SECTION 2. The Chairman is authorized to execute the Development Agreement in the form attached. SECTION 3. Following complete execu~ion of the Development Agreement, the Clerk of the Board o£ Supervisors shall cause a copy thereof to be recorded with the Butte County Recorde~. SECTION 4. This Ordinance shail be and it as her~:by declared to be in full force and effect from and after thirty (30) days after the date of its passage, and be£ore the expiration of fifteen (15} days after its passage, this Ordinance shall be pub~ished once with the na.mes of the members o£ the Board of Supervisors v~otuzg for and against it in the Chico Enterprise Record, a newspaper published in t~e County of Butte, State of California. PASSED AND ADOPTED by the Boa~rd o£ Supervisors of the Caun~ty of Butte, Sta~e of California, on ~e 25th day of February , 1992, by the following vote: AYES: Sup~rvi sors ~1clnturf , Houx, h~c~augh7 i n, Ful ton and Chai r po7 an NOES: ~one ABSENT: ~one ~ 2 3 4 5 6 ? 8 9 J.0 IZ 12 13 I Z4 ' 15 '', I6' 7.7 ' 18' 19' 20 2]. 22 23 24 25 26 NOT VOTING: None ~, CHAII2MAN Board of Supervisors ATTEST: STARLYN S. BRQWN, Assistant Chief Administrative Officer and Clerk of tl~e Board i By DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into this 25th day of Februarv, 1992 befiUVeen Anderson Brothers Corporation„ (hereir~after referred #o as "Property Owner"), arzd the C4UN'I'Y OF BU1TE, a political subdivision, arganized and existing under the laws of the State af California (herEina£ter referred to as "County"). RECITALS This Agreemen# is predicated t~pon the fallowing ~acts: 1. Government Cade Sections 658b4-658b9.5 au#~orize the County ta enter into binding developrnent agreements with persons who have legal or equi#able in#erests in real property far the developrnent of such property; 2. Under Gavernment Cod~ Section 65865 the Coun~y has adapted rules and regu~ations establishing procedures and requirem~nts for cansideratian of devc~lopment agreernents as set farth in Board of Supervisors No. 81.-229. 3. Property Qwner has requested ~he County to ~onsider entering into a deveIapment agreement and proceedings have been taken in accordance with the Cvunty's ru~es ar~d regutations. 4. The Butte County Boaxd of Supervisors has found that the development agreement is consistent with #he Butte County GeneraI Plan; and 5. On February 25~9q2, the Board a~ Supervisors of Coun~ty adopted Qrdinance No. 2984 appror+ing the development agreemen# with Property Owner and the oz'dinance thereafter taa~ effect on ~ 1992. NOW, THEREFORE, fhe parties ag~-ee: 1 1. Definitions. in this Agreement, unless #~e conte~ct othe3rwise requires: a. "County" is the County of Butte. b. "Projec#" is #he developnnent approved by th~ County. c. "Prop~rty Owner" means the person having a legal or equitable interes# in the real property as described in Paragraph 2 and includes the Property Owner's successor in interest. d. "Real Property" is the real property referred ta in Paragraph Z. 2. Description of Real PropertY. T'he real property which is #he subject of #his Agreement is described in Exhibit "A" attached hereto and incorporated herein by this reference. 3. ~nterest of Propertv Owner. Property Qwner represents that ~ie has a legal interest in tl~e real property and that all other persons holding legal or equitable in4erest in #k~e proper#y are to be bound by fhe Agreement. 4. Assignment. The righ#s o~ tne Property Owner und~r t~is Agreement may not be ~ransferred or assigned unless the written consenf o~ the Caunty is f rst obtained, t1~e approval witl not be unreasonabiy withheld. 5. Bindin~ Effect of Agreement. The burdens of this Agre~ment bind and #he benefts of this Agreement inure #o the successars in interest to the parties to it. An individual Property Owner shall be personally responsible for cotnpIiance r~vith the requirerr~ents of t~is agreement orily far tha# period of time during which that Property Owner owns the rea~ property. 6. Relationship of Parties. It is understood that the contractual re~ationship between the County and Property Owner is such #hat the Property Owner is an independent contractor and nat the agent of the County. 2 7. Co~nt 's A roval Prflceedin s for Pro'ect. On 2/25 1992, the County approved a rezone ~or the property. These proceedings are designated Anderson Bros. CorpFile 9d~'19. ~h~fle in the of~ce of the Planning Departmen# and Clerk of #he Board of S~pervisars to which reference is made far further partic~lars. S. Changes in Project. No change, modification, revision or al#era#ian rr~ay be rnade in this development agreement without revzew and approval by those agencies af the County approving this development agreement ir~ the first iristance. A char~ge, modi~cation, revision or alteration in this development agreement is not effectiv~ until the parties amend this Agreernen# ta incorporate it. 9. Time for Construction and _Completion of Project. a. Beginning Construc#ion. Property Owner agrees to begin cansti-uctian of the Praject within 1 yea~' after the execu#ion of this Agreement or evi#hin 3~0 days ~fter securing pernaits, whichever comes £'irs#. b. Comple#ion_of Project. Property Owner agrees to diligently prasecu#e ._. tn completion t~e construction of fhe Project and to cornplete construction and ins#aliatian of arrienities within 5 years after the date canstructian begins. c. Pro~ress revo~-ts until cons~z~z~ction of Project is complete. Property Owner shall make reports of the progress of construction in such detail and at such timE as the Planning Comrriission of the County reasonably req~ests. d. Coun to receive construction documen#s. Property Owner shall furnish Caunty capies of the project construction docurnents priar t~ comrnencement of consfruction. 3 e. Certificate of campletion. Promptly after completian of the Project, the Caun#y s~ialt provide #he Property Owner witt~ an instrument certifying campletion of the project. The certification is conclusive determination that the obligation of the Property C3wner under this Agreerrient has been met. This certificatian shall be in such form as wilI enable it to be recarded in ~he official records of the County. 10. Effect of Transfer of Reai Pro ert to Another urisdicfion. If all or a portion of the real property whic~ is the subject of the Agreement is aruiexed to or atherwise becames a part of a Ci#y or another County, this Agreement terzninates. 1]., Hold Harmless. Praperty Owner agrees to and shall hald the County, its of~cers, agents, employees and represen#a#ives harmless from liabi~i#y ~or darr~age or claims far damage for personal in,~ury, including death and claims for property damag~ whic~x may arise from #he direct or indirect actions of the Property Owner ar those of his contractor, subcontractor, agent, employee or other person acting on his behatf which relate to th~e Project. Properfy Owner agrees to and shall defend the County and its officers, agents, ernployees and represen#a~ives from actions for damages caused or alleged to have been caused by reason of Property Owner's actions which relate to #he Project. This hold harmiess agreemen# applies ta all damages and claims for damages suf€ered or alIeged to ~ave been suffered by reason af the actions referred to in this paragraph, regardless of whether or not #he County prepared, supplied, or approved plans or specifications or both far the Project and regardless of whether or not the insurance policies refea-red ta in Paragx'aph 12 are applicable. ' 4 Property Owner further agrees to indemnify, hold harmless, pay all costs and provide a defense for County in any action challenging the validity of the devefopment agreement. 12. Insurance. Property 4wner sha~l obtain the insurance required ur~der this paragraph and receive the approval of #he Butte County Caunsel as to f~rm, amoun~ and carrier, Properiy Owner s~all maintain the insurance during the term of this Agreement. The irvsurance shall extend to #he County, its elective and appointive boards, corr~missions, officers, agents, eFnplayees, and repr~sentatives and to the Property Owner and each contractor and subcontractor perfoz'ming work on #~e Project. a, Worker's Caza- ensa#ion ~nsurance. Property 4wner shall require Worker's Compensation insurance for all persons employed at the site of the Praject. Property Owner shall require each contractor and subcontractar similarly to provide WorKer'sCompensation insurance for theiar respective empIoyees. Property Owner agrees to indernnify the County for damage resulting fram his faiiure to take out and maintain such ins~arance. b. Public liabili and ro e dama e insurance. Property Owner shatl maintain pubiic liabili#y insurance in an amount not less than $1,000,000. ~or in~uries (inciuding d~ath) to any one person and subject to the same limit for eac~ person in an amount not less than _$3,OD0,_000. on account of any one occurrence; and praperty damage insurance in the artZOUnt of not less than $500, a00. for damage to the property of each person an accaun# of any ane occurrence. 5 13. Evidence of insurarece. Properiy Owner sha11 furnish County concvrrently with the execu#ion of this Agre~ment satisfactory evidence of t~e insurance req~ired and evidence that the carrier is req~ired to give the County a# least 30 days priar written notice of the cancellation or reduction in coverage of a poiicy. 14. S ecifie Restriction on Develo ment of Real Pro ert . Uses on the property within the C-2 zoning classification shall be restrict~d to the following: (a) Uses vermitted: (1) 'The existing ~ruit stand/canvenience store on AP 047-270-027 may be enlarged or rep~aced. 'The resu!#ing structure shall have a Iower floor no larg~r than 2200 sq. ft. including refrigera#ion units, cold s#rvcture, check-in/out area and displays. The second flaor shall be no larger than 1800 sq. ft. and will be living quarters far a watchrnar~ or praprietor. (2) The existing hot~se on AP 047-270-~27 may be converted ta a contractar's offtce and related facilities. (3) 'I'I3ie existing barn on AP 447-270-027 may be converted #o contractors shops and equipment storage ar~a. (4) The existir~g house on .A.P 447-270-023 may be converted to an auto sales affice, upholstery shop and equipment sales or rental of~ce. (S) Areas not located within a building may be used for required parking area, auto sales {maximum 2 acres), and equipment & material (maximum 3 acres) s#ora:ge for permitted uses. 6 (b} Uses requiring use permits: The following uses are permitted subject to securing a use permit in each case: (J.) Expansion or addition of any structure not provided for in section (a} abov~. (c) Site requirements: The req~tirements of the G2 (General Cammercial) District contained in sectian 24-105 of the Butte County Code Shall apply, except that any new structures shall be located at least one hundred (140) feet fro~ the centerline of State Highway 99. On-sit~ adv~rtising sign,s shall be subjec~ ta the setbacks prorrided for in Butte County Code Sections 10-7 and 24-33. XII Public Improvemen#s: Property dwner agrees to provide the fallawing Public Improvements within two (2) years of the effective date af this agreemen#; (a) Off-site Improvements: (1) Construct a left turn lane to Calif~rnia Dept. of Transpartation standards at the en#rance to #he fruit stand referenced abo~e. (2) Construct a s~andard road approach to California Dept. of Transportation standards at fhe entrance to #he fruit stand referenced above. (b) On-site I~nproveFnents: (i) Construct a#hree {3) foot high bex~ with a six (6) foot high board fence on top of ~he berm on the east side of the subject property adjac~nt to the residential development; 7 (2) Provide permanent solutian for drainage or other approved alternative. (3) Construc# circulation road(s) to Butte County RS-~ road standard from #~e fruit stand entrance on State Highway 99 to the Anderson Bros. entrance opposite W~lson Land'ang Raad on State Highway 99. (4} Gran# a one (1) foot no-access strip along the property frontage on Sfa#e Highway 94 (except road entrances and in front of the exi,sting au~o sales yard) to t~ie Califorriia Depa~rtment of Transportation. 15. Effect of A reement on Land Use Re lations: Ttxe rufes, regula~ioris, and off cial policies governing permitted uses of the property, #he der~sity of the use of the real praperty, #he desig~, irnprovements and construction s~aiidards and speci~cations applicable to development of #he real property are ~hose rules, regu~ations and off~cial policies in force at the #ime of the execu~ion of this Agreerr~er~t. This Agre~ment does not prevent the Coun#y in subseqt~e~t ac#ions applicable to tk~e real property from applying new rules, reguiations a~d policies which do no~ conflict with th~se rules, regulations and policies applicable to the property in effect an the date of the adop#ior~ of this developme~t agreement. This Agreement does not pre~ent the County from denying or conditianally appraving any subsequen~ develapment prajec# application on the basis of existing rules, regulatians and policies. 1b. Periodic Review of Corn l~ance with A eemen~. a. Th~ Coun#y s~all review this Agreerr~ent at least once every twelve- month period from #he date this Agreement is execu#ed. 8 b. D~ring each periodic review by the County, thE Praperty Owner is required to demonstrate good faith compliance wi#h the terms of #he Agreemen#. 'I'.~e Property Owner agrees #o furnish such evidence of good faith compliance as the County in the exercise o~ its discz'etio~ rnay require. ~7. Amendment or Cance~lation of A r~ement. This Agreemen~ may be arz~.ended or cancelled in who~e or in part only by mufual consent of the parties and in the manner provided for in Government Code Sections 65867, 65867.5, 658b$, and 658fi9.S. 1$. Enforcer~ent. Unless amended or cancelled as provided in Paragraph 17, this Agreement is enforceable by any party to it regardless of any change in the applicable g~neral or specific plan, zoning, subdivision ar building regulations adopted by the Co~anfy which a!#er or arnend th~ rules, regulations or poticies gavern,ing permitted uses of the land, density, desagn, irripravement and cons#ruction standards and specifications. 1.9. Events of Defaul#. Property Owner is in default under this Agreement ~pon the happer~ng of one or more a~ tt~e fallowing events or conditions: a. Lf a material warranty, represen#ation or s~atement made ar furnzshed by Praperty Owner to the County con#ained in this Developmen# Agreern~nt is false or proves ~o have been false in any ma#erial respect when it was made. b. A finding and determination by the Cauniy made following a periodic review under the procedure provided for in govern~nent Code Section 65865.1 that upon the basis of substantial evidence the Property Owner has not complied in good ~aith with one or more o~ the #erans or conditions of this Agreemen#. 9 2D. Pracedure upon Defaul#. a. Upon the occurrence of an event of default, the County may terminate or amend t~is Agreement in accordance with Paragraph i~. b. County does not waive any claim or defect in perforrnance by Property Owr~er implied if an periodic review the local agency does nat propose to modify or terminate the Agreement. c. Non-perfarmance shal~ not be sxeused because of a failure of a third person. d. That adoption of a law or other government activity making perforrnanc~ by #he applicant unprofitable or more difficuit or mare expensive does nat excuse the performance of t~te abligation by the Property Qwner. e. Non-pea-formance shall be excused only when it is prevented or delayEd by ac#s of God or ar~ emergency declared by the President vf the Urii~ed States or the Governor of Californaa. 21. Darna~es ~non Termina#ion. In no event shall Property Qwner be entitled to any damages against Cot~nty upon terminatian of this Agreement. 22. Aftornevs Fees and_ Costs. If legal action by either party is brought because af breach of this Agreemen# or to enforce a provision af this Agreement, the prevailing party is entitled to reasonable attarneys feas and caurt costs. 23. Forum. In the even~ of any Iega~ praceedings of any nature, all parti~s agree the only ~orum with jurisdic#ion is the Butte County Superior Court, located in Oroville, California. 10 24. Notices. AlI no#ices required or provided far ~nder this Agreement s~ial~ be in wri#ing and delivered in person or sent by certified mail, postage prepaid. Notices req~ired to be given to County shall be addressed as follows: Coun#y of Butte 25 Couniy Center Drive Qroville, Cali~ornia 95955 Notices requi~-ed to be given to Property Owner shall be addressed as follows: A~derson Brothers Corporation 1483U Eagle Ridge Road Forest Ranch, CA 95943 A party may change the address by giving notice in writing to the o#~er party and thereafter notic~s sha11 be addressed and transmitted to the new address. 25. Ruies of Construc#ion and Miscellaneous Terms. a. The singular inciudes the plurat; ~he masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. b. I~ a part o~ this Agreement is held to be invalid, the remainder of the Agreement is no# affected. c. If the~'e is more than one sig~er of ~~,is Agreeme~t their obligations are joint and sev~ral. d. Th~ time limits set forth in this Agreement rnay be extended by rr~utual consen# of the parties in accardance with the procedures for adop~ion o~ an agreement. 26. Duration of Agteement. This Agreement shall e~ire fsfty (50) years a.fter #he appro~al of this agreement. 11 IN 'WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year firsf above written. ~ ~ ~ ~~~ ERSON BROTI~,RS CORPORAT`xON ., CHATRMAN~ ~b 2 5 199Z Board af Supervisvrs ~~~ ~ ~ ~ t~ SUSAN ROFF, County Co~nsel County of Butte ATTEST: STARLYN S. BROWN, Assistant Chief Administrative Officer and Clerk o e Board r, By ~ 12 t STATE 4F CALIFORNIA) ) SS , COUNTY OF BUTTE ) On this i0th day of March, Z992, before me persanally appeared Jane Do1an, personal~y known to me to be the person who executed thi.s instrument as Chair, Butte County Board of Supervisors, and acknowledged to me that she executed said instrument on behalf of ,:~ the County af Butte . _ _ _ _ _ _ _ OFFICIAL SEAL CA'ROL ROACH F m NOTAR7 PUBLIC - CALIFORNIA cu~. • a+mE couNrr Carol Roach, Natary Public t~tr co~m• exP~~ AllG 7, ~ss2 EXH~BTT ~TA~~ Ali that certain real praperty situate in the State of Cali£ornia, County o£ Butte, described as £ollows: Being parts of Sections 31 and 32, T?3~(, R1E, iY1DB&M, and being also a part of that certain tract of Iand designed as ParceI No. 2, as shown on that certain map entitled, "Map of Priesing Lands", which map was recorded in the Office vf the Recorder of tJae County o£ Butte, State of Cali.~arnia, on May 24, 1911, in Book 7 of Maps, at Page 23, and more partzcularly described as foIlows: Begi~ng at a point on the S liue of said Section ~2, dzstant ther~on S 89 ° 24' W, 2590.0 ft. from the 5~/4 corner of sai~ Seetion 32, said point beir~~ the SE corner of that certain tract o~ land described in deed from Merie D. Patterson and wife, to Chester C. Dana an~ wife, dated December I5, 1947, reco;rded December 22, 1947, in Book 467, ~ o~ Buue County O~cial R~cords, at Page '?39; thence along the easterly Iine of saad Dana TracL, N Q° 36' W, ~~0 fr. to the true point 4f ~eginning of the parcel to be described; thence frorn said true point o£ beginning N 0° 36' W along the easterly line of said Dana Tract, 566 ft. to the NE carner of said Daua Tract, at a point in the N line of said Parcel Na. 2; thence along the N line af said Dana Tract, beir~g also the N line ~f said Parcel Nv. 2 S 89 ° 24' W, 10~6.6 ft. to the NW comer of said Dana Tract, beiag aiso the NW corner of said Parce~ No. 2 and bein~ located at a poznt on the centerline of State Highway 99; thence svutheasterly along sai~ cer~terline ~o t~e N~V corner of that parcel of Iand descri3~ed in Parcei On~ of Deed from William H. Kane, et ux, to Dar~ie~ A. ~r:~w__, e~ ux, reco~~ed Septemb~r 2, 19~ ~, in Book 788, o~ Butte Cauntti; Otzzcial Records, at Paae 443; thence continuing along said cente:line of S~ate Hibhway 99 S 26 ° 58' E$3.71 ft.; thence leaving said road N 39 ° 24' E 758.17 ft. t~ the true paint o£ begi~z~nin~.