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O 668 ORDINANCE NO. 668 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 09-002 TO MODIFY THE LEGAL DESCRIPTION OF THE PROPERTY WHEREAS, On April 13, 2010 the City Council adopted Ordinance No. 621 approving a Development Agreement with the 5 Cities Community Services Foundation for the development of a Community Recreation Center on a 5 acre parcel owned by the City located at the corner of West Branch Street and Old Ranch Road; and WHEREAS, on April 19, 2013, the City approved Final Tract Map 3018 subdividing the 5 acre parcel into 4 small lots and 1 large remainder lot and as a result of the subdivision of the property the legal description included in the Development Agreement as Exhibit "A" needs to be modified; and WHEREAS, in accordance with Arroyo Grande Municipal Code Section 16.16.150, the City Council has previously made the following findings regarding Development Agreement 09-002 and since the proposed Amendment will not make any substantive change to the Development Agreement the City Council hereby reaffirms those findings: a) The development agreement is consistent with the goals, objectives, policies, general land' uses, and programs specified in the general plan and any applicable specific plan; b) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; c) The development agreement is in conformity with public convenience, general welfare, and good land use practice; d) The development agreement will not be detrimental to the health, safety, or general welfare; e) The development agreement will not, in respect to the subject property, or any other property, adversely affect the orderly development thereof or the preservation of property values. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitals and findings are true and correct and are incorporated herein by this reference. SECTION 2: The City Council hereby approves the First Amendment to the Development Agreement with the 5 Cities Community Services Foundation as set forth in Exhibit A attached hereto and incorporated herein. ORDINANCE NO. 668 PAGE 2 SECTION 3: Within fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 5: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. On motion by Council Member Brown, seconded by Council Member Guthrie, and by the following roll call vote to wit: AYES: Council Members Brown, Guthrie, Harmon, Barneich, and Mayor Hill NOES: None ABSENT: None the foregoing Ordinance was adopted this 13th day of January, 2015. ORDINANCE NO. (p(p$ PAGE 3 / I JI HILL, MAYOR ATTEST: gi / KELLY ' ET iD 'E, CITY CLERK APPROVED AS TO CONTENT: EBBIE MALICOAT, ACTING CITY MANAGER APPROVED AS TO FORM: '4'2‘, ififtbwkas ''.' ' ''' — G TIMOTI-fY J. CARMEL, CITY ATTORNEY EXHIBIT A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Arroyo Grande Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY Fee Exempt per GC Sections 6103 and 27383 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (NO RECORDING FEE -- EXEMPT) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") dated as of this day of , 2014, by and between the City of Arroyo Grande ("City"), a municipal corporation, and 5 Cities Community Services Foundation ("5 Cities Foundation"), a California non-profit corporation. RECITALS WHEREAS, On April 13, 2010 the City Council adopted Ordinance No. 621 approving a Development Agreement (the "Development Agreement") with the 5 Cities Community Services Foundation for the development of a Community Recreation Center on a 5 acre parcel owned by the City located at the corner of West Branch Street and Old Ranch Road, which parcel was referenced as the "Property" in the Agreement and de- scribed in Exhibit "A" attached thereto; and WHEREAS, on April 19, 2013, the City approved Final Tract Map 3018 subdividing the 5 acre parcel into 4 small lots and 1 large remainder lot and as a result of the subdivision of the property the legal description included in the Development Agreement as Exhibit "A" needs to be modified; and WHEREAS, pursuant to Ordinance No. , the City Council has approved this First Amendment to the Development Agreement with the 5 Cities Foundation. 1 jPage NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, City and 5 Cities Foundation agree as follows: Section 1. The legal description for the Property is hereby amended in its entirety as set forth in Exhibit "A", attached hereto and incorporated herein by this reference, which shall be substituted for the previous Exhibit "A" to the Development Agreement. Section 2. Except as amended in Section 1 of this First Amendment, all other terms and conditions of the Development Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment to Develop- ment Agreement which shall be deemed effective as of the first date set forth above. [Signatures on following page] CITY OF ARROYO GRANDE 5 CITIES COMMUNITY SERVICES FOUNDATION a BY: 1 Ji HIII, Mayor By: Dat . Its: Attest: Date: Kelly Wetmore, City Clerk Date: As Approved to form: Timothy J. Carmel, City Attorney Date: 3IPage r LEGAL DESCRIPTION EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 5 of Tract 3018 in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to Map thereof recorded April 19, 2013 in Book 33, Page 61 and 62 of Maps in the office of the County Recorder of said County. APN: 007-011-056 lZ OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Ordinance No. 668 which was introduced at a regular meeting of the City Council on December 9, 2014; was passed and adopted at a regular meeting of the City Council on the 13th day of January 2015; and was duly published in accordance with State law (G.C. 40806). WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of January 2015. i � 4 / 1 / KELL f ET`s ORE, CITY CLERK