HomeMy WebLinkAboutAmendment No 1 to Development Agreement between City of Avila RanchRecording Fees Exempt pursuant to
Government Code § 27383
Recording Requested by
and when recorded return to:
City of San Luis Obispo
c/o City Clerk
990 Palm Street
San Luis Obispo, CA 93401
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF SAN LUIS OBISPO AND AVILA RANCH, LLC
RELATING TO THE AVILA RANCH SPECIFIC PLAN
This Amendgient No. 1 to Development Agreement ("Amendment No. 1") is entered into
this j6ol day of ri I , 2019, by and between, the City of San Luis Obispo, a municipal
corporation and charter city ("City") and Avila Ranch, LLC, a California limited liability
company ("Avila Ranch" or "Developer"), hereinafter referred to in this Amendment No. 1 as
"Party" and collectively as the "Parties," as appropriate.
WHEREAS, on October 3, 2017, City adopted Ordinance No. 1639 approving a Development
Agreement (the "DA") between the City and Avila Ranch, LLC regarding the Avila Ranch project
located on a 150 -acre site North of Buckley Road (the "Project"); and
WHEREAS, Section 5.04.2(b) of the DA needs to be amended because the timing of recordation
of the final map for phase 1 of the Project is now anticipated to occur prior to the City's update
to the Los Osos Valley Road ("LOVR") Interchange Impact Fees.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the Parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
2. Effective Date of Amendment. This Amendment No. 1 shall become effective upon the
date that the ordinance approving this Amendment No. 1 becomes effective.
3. Amendment: Section 5.04.2(b) of the DA is hereby amended to read as follows:
(b) The Developer shall be required to pay all City-wide, and Project -specific
development impact fees, excluding sewer and water unpact fees addressed in
section 5.04.2(c) immediately below, for the Project's fair share of the cost to
mitigate Project impacts as identified in the Final Environmental Impact Report
(FEIR), Specific Plan, conditions of approval or otherwise specified in the
Development Agreement in effect when each final map is recorded in accordance
with AB 1600 analysis. City may adjust development impact fees not more than
once a year with changes no greater than the inflation index identified upon
imposition of the fee. The Developer shall be required to pay the Los Osos Valley
Road (LOUR) Interchange Impact Fees as revised generally consistent with the
impact fee methodology set forth in the April 3, 2018 letter agreement between
the City and Developer.
4. Except as set specifically modified herein, the DA remains in full force and effect.
From and after the effective date of this Amendment No. 1, all references in this
Amendment to the DA shall be and be deemed to constitute references to the DA
as amended thereby.
Counterparts. This Amendment No. 1 may be executed in counterpart, each of
which shall be deemed an original but which together shall constitute one and the
same instrument.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of
the first date above.
CITY: AVILA RANCH, LLC
By:
Its: Managing Member