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HomeMy WebLinkAboutCZ-PP-CUP 16-280 Palm Desert Country Club - PD Holdings LP 03-12-2020DECEIVED CITY CLERK'S OFFICE PAL_H DES RT. C d- ?120 FE-P 24 Pi, I CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL PUBLIC HEARING MEMORANDUM To: Honorable Mayor and Members of the City Council Lauri Aylaian, City Manager Robert Hargreaves, City Attorney 7 Sao From: Eric Ceja, Principal Planner Ercwwtam A_ ao�p Date: February 27, 2020 © WMTo 2no W I Ana Subject: Palm Desert Country Clue ❑peratlor s"T}'id 1ftIntertsnce.A Amendment and Amendment to Condition of Approval No. 1�4 of _.., Resolution 2018-16 On January 9, 2020, the City Council considered an amendment to the Operations and Maintenance Agreement (OMA) between the City and the owners of Palm Desert Country Club (developer). The City Council also considered a request by the developer to amend Condition of Approval No. 14 to modify the in -lieu affordable housing fee. The City Council voted unanimously to continue the developer's request to the City Council meeting of February 13, 2020, and again voted to continue the public hearing to the meeting of February 27, 2020. The City Council also directed staff to work with the developer on the following: 1. How can the City protect property owners and ensure the project is complete. The City's ability to ensure project completion is limited. As experienced in the last recession, development projects can stall and can take years for a full project build - out. Prior to construction, the City does accept bonds to ensure that public improvements are complete, however, private improvements are more challenging, and staff does not recommend accepting a bond that would require the City to finish out the development Additionally, market forces will dictate the absorption rate of the condominiums, and the City should not grant or imply that it will take responsibility for the timing or build -out of the development Staff suggests using existing policies and enforcement procedures to ensure that construction impacts are at a minimum and disturbed areas are properly maintained This includes enforcement of construction hours, enforcement of the project's conditions of approval, timely inspections, and enforcement of dust control protocols during construction. Staff is also recommending a condition on the project that all landscape be installed and planted prior to the 1st Certificate of Occupancy being issued for any unit. This condition requires the developer to install all landscape within the planning area (decomposed granite, shrubs, trees) before they can occupy or sell the first unit. This February 27, 2020 — Memorandum Palm Desert Country Club Change of Zone Page 2 of 2 condition protects surrounding property owners by ensuring that the full landscape is installed in the planning area; so that even if the project stalls, the landscape is in place to remediate ongoing nuisance issues. 2. Provide interim maintenance standards for the planning areas that are not under construction. Staff has worked with the developer to identify suitable maintenance standards for the portions of the project that are not under construction. For planning areas that are not under construction, the developer is proposing the following: • Water areas as needed. • Mow and maintain (weed removal) areas as needed. • Respond to any or all maintenance complaints within 24 hours. • Work with City staff to develop a plan acceptable to the City and remedy all complaints within 48 hours. Staff is cautious about establishing strict maintenance requirements for the planning areas as the areas have reverted to a natural -like condition. Due to a series of contributing factors, including environmental and financial limitations, there should also be no expectation or requirement that the planning areas be brought up to golf - course like conditions or that replacement of turf should occur. Instead, Staff recommends accepting the developer's proposal and allow City Code Compliance to work with the developer when issues arise. 3. Ensure that the applicant's affordable housing fees go into a City housing fund. Staff has provided an updated resolution that will place the developer's affordable housing fees into the City's 870 Housing Fund. 4. Work with the developer to establish a project start date. The developer has taken several steps toward starting the project. The applicant has already received approval for grading plans and building plans for project amenities, and the condominiums are in review. The developer has indicated that grading and site work will occur one project area at a time. Once the first project area is built out, and assuming favorable market conditions, another project area will be developed. Assuming City Council approval of the amended conditions and OMA, the developer has stated that they will like to begin site work by November of 2020. Al r ERIC CEJA, RI I CIPAL PLANNER Attachments: 1. Developer's Letter 2. Resolution 2020-01 3. Amended Operations and Maintenance Agreement Palm Desert C o u n t r y C l u b January 29, 2020 Eric Ceja City of Palm Desert 73510 Fred Warning Drive Palm Desert, CA 92260 Re: Executive Course Maintenance Agreement Dear Mr. Ceja, We would like to propose the following to be incorporated in the existing Operating and Maintenance Agreement. It is understood by the Parties to this Agreement that the City of Pam Desert has approved a residential development on the lands commonly known as the Executive Course. It is also understood by the Parties to this Agreement that grading and construction activity on some of the Executive Course shall commence before November 15, 2020 and that the Parties to this Agreement wish to reduce inconvenience to existing residents as the Executive Course transitions to a construction site and ultimately a completed residential community. Accordingly, the Palm Desert Country Club and the Contractors that it engages agree to abide by existing City bylaws relating to noise, dust abatement and construction hours so as to limit inconvenience to existing residence. The Palm Desert Country Club will take additional steps as of the date of this Agreement to water, as needed, all areas not under construction so as to abate dust related issues, mow and maintain, as needed, all weeded or grass areas, respond within 24 hours to any complaint issued to a designated By-law Enforcement Officer and develop a plan acceptable to the Officer to address any complaints with 48 hours of receipt of the complaint. It is understood that the residential development will be completed in four phases commencing with 14 units on tract number 37240, followed by 18 units on the same tract and 19 units on tract 37241 followed by the final 18 units on tract 37242 - the phasing of which will be timed in accordance with the Developers Assessment of market needs. However the provisions of this clause shall remain in force and effect until the entirety of the residential development is completed. Please advise if you have any questions or further thoughts. Regards, PD Holdings, Inc W, W Wilf Weinkauf, President 77-200 California Dr. Palm Desert, CA 92211 Office: 760.345.0222 Fax: 760.345.3444 www.palmdesertgolf.com IN CITY COUNCIL RESOLUTION NO.2020-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CONDITION OF APPROVAL NO. 14 OF RESOLUTION 2018-16 FOR THE REPURPOSING OF THE FORMER PALM DESERT COUNTRY CLUB EXECUTIVE COURSE TO ESTABLISH 69 CONDOMINIUM UNITS ON APPROXIMATELY 30 ACRES LOCATED WITHIN PALM DESERT COUNTRY CLUB CASE NOS: PP/CUP/EA 16-280 WHEREAS, on the 10th day of May, 2018, the City Council of the City of Palm Desert adopted Resolution 2018-16 approving the development of 30 acres at Palm Desert Country Club previously occupied by the Executive Golf Course; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day of January 2020, hold a duly noticed public hearing to consider the request by PD Holdings, LLC, to amend Condition No. 14 of Resolution 2018-16 replacing the previous condition requiring a $12.50 in -lieu affordable housing fee with new conditions requiring payment of Impact Fees and land dedication for the expansion of Joe Mann Park; and WHEREAS, at the meeting of January 91h, 2020, the City Council continued the applicants request to the regularly scheduled City Council meeting on the 13th of February and directed staff to work with the applicant to establish interim maintenance standards for the former Executive Golf Course and to ensure the applicants Impact Fee payments would contribute to a City housing funds; and WHEREAS, at the meeting of February 13th, 2020, the City Council continued the applicants request to the regularly scheduled City Council meeting on the 27th day of February to allow staff more time to work through the applicant's proposal; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2019-41, in that the Director of Community Development has determined that amendments to the approved conditions are not a project subject to the California Environmental Quality Act; and WHEREAS, on the 27th day of February 2020, the City Council, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the amended condition is consistent with the goals and polices of the General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. q CITY COUNCIL RESOLUTION NO. 2020-01 2. That the City Council does hereby resolve and replace Condition No. 14 of Resolution 2018-16 for PP/CUP/EA 16-280, subject to conditions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 27th day of February 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GINA NESTANDE, MAYOR F CITY COUNCIL RESOLUTION NO. CONDITIONS OF APPROVAL CASE NOS. PP/CUP/EA 16-280 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. All conditions of approval listed in Resolution 2018-16 remain in effect with the exception of Condition of Approval No. 14 which is replaced by the following conditions. 3. The applicant shall record the Declaration of Protective Restrictions dated November 2017, as agreed upon with the Palm Desert Country Club Homeowners Association. After providing evidence of said Declaration to the satisfaction of the City's Director of Community Development the following conditions shall become effective: A. The applicant shall submit a Parcel Map Waiver (PMW) application to the City's Community Development Department to establish a 2.5-acre parcel at the eastern end of Hole #15 and adjacent to Joe Mann Park, as shown in Exhibit A of this Resolution. The applicant shall deed this parcel to the City of Palm Desert with the intent for the City to expand Joe Mann Park improvements into the 2.5-acre parcel. All park improvements shall be borne by the City. The PMW shall be submitted prior to issuance of any building permits for the project and recorded and deeded to the City prior to issuance of 12th building permit. B. The applicant agrees to make a one-time payment of $400,000 to the City's 870 Housing Fund. This fee shall be collected on a per unit basis, at a rate of $5,797.10 per unit, prior to building permit issuance. C. The developer shall provide all Real Estate Sales Agreements to the City's Community Development Department upon sale of each dwelling unit. These Agreements shall be submitted no later than the 28th day of each month until sale of the final unit. For all dwelling unit sales between $450,000 and $500,000 the developer agrees to a 50/50 split of the sales between the amounts specified above with the City. These funds shall be deposited into the City's Park Fund 430. The developer shall split the sales until an additional $400,000 has been collected by the City. Prior to finalization of the map the developer will record an agreement acceptable to the City memorializing this condition. 3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: Lauri Aylaian Tele: (760) 346-061 1 Fax: (760) 776-6417 FIRST AMENDEIVINT TO OPERATION AND MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO OPERATION AND MAINTENANCE AGREEMENT ("Agreement") is dated as of September , 2019 by and between the City of Palm Desert, a California municipal corporation ("City") and PD Holdings, L.P., a California limited partnership ("Owner"). The City and Owner are sometimes referred to in this Agreement, each individually, as a "Party," or collectively, as the "Parties." RECITALS A. The City and Dohoon Investment Company, Inc., a California corporation, entered into that certain OPERATION AND MAINTENANCE AGREEMENT ("Agreement") dated August 31, 2005, recorded with the Riverside County Recorder's office on September 21 2005 as Document number 2005-0780948 with respect to the "Property" described in therein. B. Owner holds an interest in the Property described in the Agreement and is subject to the Agreement. C. The part of the Property held by Owner is described in Exhibit "A" and is referred to herein as the "Property". D. The Property is improved with certain improvements, including, but not limited to, an eighteen (18) hole golf course and a nine (9) hole executive course (collectively "Golf Course). E. Owner is entitling the part of the Property made up of the nine (9) hole executive course as 69 condominium units (the "Project") as described in Exhibit "B" attached hereto. The remainder of the Property (the "Eighteen Hole Golf Course") is described in Exhibit "C". F. The parties wish to amend the Agreement to provide that it shall not encumber the Project, to provide clarification regarding the covenants to maintain the golf course, and to add a covenant concerning maintenance of desert landscaping on the remaining parts of the Golf Course. NOW, THEREFORE, for good and valuable consideration and the mutual promises and covenants of the Parties set forth in this Agreement the Owner and the City agree as follows: AMENDMENT 1. Section 2.1 of the Agreement is hereby amended to read as follows: "2.1 Operation and Use of Property by Owner: Owner intends to operate, or cause to be operated, upon the Property, a semi private golf course facility in accordance with this Agreement in a prudent businesslike manner consistent with the operations of an average semi private golf course facility allowing use by both members of the public and private members, in the Palm Desert area, and consistent and in compliance with all applicable provisions of federal, slate and local laws and regulations. In addition to the forgoing, it is agreed that any portion of such golf course landscaped with drought tolerant landscaping shall be maintained at all limes in accordance with the City standards attached hereto as Exhibit "D":, Notwithstanding the forgoing, should Owner cease operating a golf course on any portion of the Property, the forgoing covenant regarding maintenance of a golf course will no longer apply to such portion oj'the Property no longer used as a golf course. " 2. A new Section 2.4 is added to the Agreement to read as follows: "2.4 Release of'Covenant from Executive Course. The Project as described in Exhibit "B" is hereby released from, and shall no longer be subject to, the covenants conditions and restrictions contained in the Agreement, as amended by this Amendment. The covenants conditions and restrictions of the Agreement henceforth shall encumber only the Eighteen Hole Golf Course, Exhibit "C". The City and Owner shall cooperate with one another to execute and record .such documents as requested by the other to implement and carry out the provisions of this Section 2.4 releasing and termination the Agreement, as amended, from the Project as described in Exhibit "B"." The recitals to this Amendment are hereby incorporated herein and made a part hereof by this reference. This Amendment may be executed in two (2) or more counterparts, each of which shall be an original, and all of which together shall constitute a single instrument. All other provisions of the Agreement not specifically amended as provided herein shall remain in full force and effect. [signatures on following page - balance of page blank] 72500.00858\32114933.1 DRAFT 6/11/19 ®/ IN WITNESS WHEREOF, Owner and the City hereby execute this Agreement by the signatures of their authorized representatives, as follows: "OWNER" PD HOLDINGS, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Name: Its: "CITY" CITY OF PALM DESERT By: Its: 72500.00858\32114933.1 DRAFT 6/11/19 Exhibit "A" (Attach Legal Description of Property) 72500.00858\32114933.1 DRAFT 6/11/19 (v EXHIBIT A PARCEL l: LOT A OF TRACT 3660 AS SUM BY MAP ON FILE IN BOOK 60, PAM 55 THROWN 57 INCLUSIVE OF MAPS, RIVERSIDE COD3PIY RKW DS. PARCEL 2: LOPS A AND E OF TRACT 4079 AS SHOWN BY MAP ON FILE IN BOOK 66, PAGES 67 TNROUGH 69 INCLUSIVE OF R4AP8, RIVERSIDE COl)W'TY RECORDS. PARCEL 3: LOTS 12, 73, 261 AND 405 OF TRACT 2137, AS SiDM BY MAP ON FILE IN BOOK 41, PAGES 29 THROUGH 36 INCLUSIVE OF NAPS, RIVERSIDE COUNTY RECORDS. PARCEL 4: LOT 199 OF TRACT 2137, AS SHOWN BY MAP OE FILE IN BOOK 41, PAGES 29 TM OUCH 36 INCLUSIVE OF MAPS, RI%%"IDE COUNTY RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE 80UTHNEST CORNER OF LOT 262 OF SAID TRACT 21371 THENCE NORTH 00 S' 100 EAST ALONG THB NEST LINE OF SAID LOT 262, 70 PIET TO THE MOST NORTHWESTERLY COR3BR TM3=T; THENCE SOUTH 45. 0' 310 NEST, 40 FEET; THENCE SOUTH 33• 59' EAST. 50.31 PERT, TC THE POINT OF 880Ii1aiM . PARCEL 5r LOT 453 OF TRACT 2137, AS SHOWN BY MAP ON FILE iN BOOR 41, PAGE8 29 THROUGH 36, INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF L.OT 454 OF SAID TRACT 2137; THENCE ALONG THE EASTERLY LINE OF SAID LOT 454, SOUTH 36. 21' 15' EAST, 101.37 FEET TO INS 80IlTHZ%STRRLY CORNER OF SAID LOT 454; THENCE WORTH 43. 10' 310 EAST. A DISTANCE OF 2 FEET TO A POINT) T=0C•E WORTHWESTERLY IN A DIRECT LINE, TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF GOT 392, AS SHOW BY SAID MAP; THENCE NORTH 80. 30' 140 EAST, 102.60 FRET' ON THE SO1T1T;14itLY LINE OF RAID LOT TO TUB SOUTHEAST COF4= THEREOP; THENCE SOUTH 339 04' 50' WEST, 1S FEET ON THE SOUTHWZ87 U.Y EXTENSION OF THE SOITEHRASTERLY LINE OF SAID LOT; THENCE NORTHMES1l+.1tLY, IN A DIRECT LING, T7 TUZ POINT OF BEGINNING. PARCEL 6: LOTS 3, 5, 6, 7 AND 466 OF TRACT 2203 AS SUM BY NAP ON FILE IN BOOK 42. PAGES B2 THROUGH 89 INCLUSIVE OF KAPS, R16MWIDB COUNTY RROMM . 72500.00858\32114933.1 DRAFT 6/11/19 EXHIBIT A PARCEL 1i LOT A OF TRACT 3860 AS SUM BY MAP ON FIZZ IN BOOK 60, PAM 53 TADIO= S7 MCI+U8IVE9 OF MAPS, RIVERSIDE COUNTY RSCOS03. PARCEL 2� LOTS A An S 0► TRACT 4079 AS SNOWN BY NAP ON FILE IN BOOR 66, ADAGES 67 THROUGH 69 rxcwSIVE 0/ PS0.P4, RIVRRSIOL COOBTTY RECORm. PARCEL 3! LOTS 72, 73, 261 AND 405 OF TRACT 2137. AS SHOW BY NAP ON iIL2 IN BOOK 41, PACES 29 TiGiO1M 36 INCLuSIVE of MAPS, RIVERSIDE COUNTY RECORDS. PARCEL 40 LOT 299 OF TRACT 2131, AS E1AM BY PAP (W FILE IN BOOR 41. PAGES 29 MMMM 36 INC1,08IYE OF PWS, RIVORSIDE COUNTY RECOFD6. EXCEPTING THYREFRON TART PORTION 069CRIRID AS FOLLOWBi 9EGINNIEO AT 71M 6OUT8w= CORN= OF LOT 262 OF &kM TRACT 2137 U TRWR NORTH 0' S' 10' EAST ALONG TO NEST LING OF SAID Wr 262, 70 FEET TO ITLE PAST NORTX"BV RLY CORM THEREOF; THENCE SOUTH 45' 0' 31" NEST, 40 FEET, THZVCL SOLYTH 33• 52' EAST, $0.32 IBET, TC TO POIJII OF 930111KING. PARCEL St LOT 4S 3 OF TRACT 2137, AS SHOW BY MAP ON ►I U TN SOOT[ 41, PACES 29 TM OM 36, INCLUSIVE OF MAP", RIVERSIDE COUIIIY RC0ORD9. EXCEPTING THBREFRO➢1 THAT PORTION DESCRISEO AS FOLLOWS: BIiGINNINO AT TAR NORTHEAST CORNER OF LOT 4S4 OF SAID TRACT 2131, THRUCE ALoOVQ TAB EASTERLY LINE OF SAID LOT 454, SOUTH 364 21' 1S' ZART, 101.37 FEET T'D THE 90UTHSASTERLY CORNER OF SAID LOT 4S4i THEW= NORTH 43. 10' 31' EAST, A DIRTARCI OF 2 FEET TO A V0Mj TMMK NORTNMEST>2<LY IN A DIRECT LINE, TO 71M POINT OF 210114FING, AL90 9XCIPTING TMREPRt)K TRAT PORTION OEBCRIBE9 AS FOLGONS: 9SOIM190 AT THE SOUTTAMESTERLY MRM OF GOT 392, AS SHOW BY SAID W; THENCE NORTH 800 30' 141 EAST, 102.10 FEEr ON THE SOLMIERLY LIM OF SAID EAT TO THE AiOITMZAST CORM TNIRAAOII TRI C= SOUTH 1]* 04' $8' VtST, 1S FEET ON THE SOUTHWESTERLY EXTRUSION OF THE SOITTRX&STERLY LINE OF SAID GOT: THENCE NORTR1dWMLY, IN A DIRECT LINE, TO THE POINT OF MIMING. PARCEL 6: LOTS 3, S. 6, 7 AND 464 OF TRACT 2383 A3 gPOPN ZY MAP ON FILE IN BOOK 42, PACES 02 TWtO= 89 INCLUSIVE OF MAPS, R10MID3 COUNTY RECORDS. EXHIBIT "B" (DESCRIPTION OF PROJECT) The project is located on three separate parcels consisting of 30 acres formerly used as the Palm Desert Country Club Executive Course (Executive Course). Parcel A consists of 13.5 acres and is bounded by Oklahoma Drive (Oklahoma), Kentucky Avenue (Kentucky), California Drive (California), and Tennessee Avenue (Tennessee.) Parcel B consists of 6.15 acres and is bounded by California, Kentucky, and Tennessee. Parcel C consists of 9.7 acres and is bounded by Tennessee, Utah Circle (Utah), Indiana Avenue (Indiana), California, and New Mexico Drive (New Mexico). Parcel A (13.5 acres) is to be graded to accommodate 32 single -story condominium units and two private streets that connect to Kentucky Avenue to the south and Tennessee Avenue to the north. Parcel B (6.15 acres) is to be graded to accommodate 19 single -story condominium units and one private street that connect to Kentucky Avenue. Parcel C (9.7 acres) is to be graded to accommodate 18 single -story condominium units and one private street that connects to Tennessee Avenue. 13 EXHIBIT C (Legal Description of Eighteen Hole Golf Course) The land referred to herein is situated in the State of California, County of Riverside, City of Palm Desert and described as follows: Lots 1, 2, 4, 7, 9, 13, 14, 18, 20 and 22 of Tract No. 33195, in the City of Palm Desert, County of Riverside, State of California, as per Map recorded in Book 399, Page 59 through 75, inclusive of Maps, in the office of the County Recorder of said County. Except therefrom a portion of Lot 4 of Tract No. 33195 more particularly described as follows: Beginning at the Northwesterly corner of Lot 38 of Tract No. 31836-1, in the City of Palm Desert, County of Riverside, State of California, as per Map recorded in Book 406, Page 59 through 67 inclusive of Maps, in the office of the County Recorder of said County; thence, South 84°50'53" East along the North line of said Lot 38, a distance of 75.14 feet to the Northeast corner of said lot, said point being on curve concave Easterly having a radius of 530.00 feet, the center of said curve bears South 84°50'53" East from said point; thence, Northerly along the arc of said curve 6.00 feet through a central angle of 00°38'56" to a point; thence, Traversing the interior of said Lot 4, radial to last said curve, North 84°1 1'57" West a distance of 75.37 feet to a point on the West line of said Lot 38 produced Northerly ; thence, Along said West line of said Lot 38 produced Northerly South 0391'36" West a distance of 6.86 feet to the point of beginning, as shown and described in the Certificate of Compliance (Waiver of Parcel Map PMW 06-08), recorded February 26, 2007, as Document No. 2007-132134 of Official Records . APN: 637-020-006, 637-020-010, 637-020-01 1,637-020-015, 637-020-017, 637-020-019, 637-081- 020, 637-190-010, 637-190-01 1, 637-190-016, 637-190-033 (End of Legal Description) 72500.00858\32114933.1 DRAFT 6/11/19 EXHIBIT "D" (DROUGHT TOLERANT LANDSCAPE STANDARDS) Drought Tolerant Landscape Standards Design Criteria — All drought tolerant landscape shall incorporate design elements as specified in the City of Palm Desert's "Desert Landscape Design Principals. " Drought tolerant landscape shall also be maintained in accordance with the standards listed below. Maintenance Standards — All drought tolerant landscape shall be maintained to minimum standards specific in this agreement and in Section 8.70.190 of the Palm Desert Municipal Code. In addition, maintenance of drought tolerant landscape shall including, but not limited to, the following: Native exposed soils is prohibited unless approved by the City's Planning and Landscape Divisions. Native soils should be covered with a minimum of 2/3" minus decomposed granite (DG). DG should be raked monthly to remove plant litter and to maintain a clean appearance. Plant litter to be removed a minimum of twice a month to maintain a clean and aesthetically pleasing appearance. Pruning of trees and shrubs to be performed as needed for safety purposes. They should be pruned monthly, as needed, for sustained and healthy growth. Pest control to reduce plant susceptibility to pest problems. Removal of weak limb and stem attachments. Removal and replacement of all dead landscape material, including tree stumps. Plant replacement should occur within 3-months of plant removal, with exceptions granted based on seasonal considerations. 72500.00858\32114933.1 CRAFT 6/11/19 5 ACKNOWLEDGMENT OF NOTARY PUBLIC 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. State of California ) ) SS. County of Riverside ) On before me, , Notary Public, personally appeared 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. 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 Notary Public 72500.00858\32114933.1 DRAFT 6/11/19 (Seal) ACKNOWLEDGMENT OF NOTARY PUBLIC 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. State of California ) ) SS. County of Riverside ) On before me, , Notary Public, personally appeared 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 Notary Public 72500.00858\32114933.1 DRAFT 6/11/19 (Seal) 2-24-2020 RMc.'IyED CIS'( CLERK'S OF[ic: PA I 2020 rr4 24 r" t?: 46 TO: Mayor, Gina Nestande, Mayor Pro-Tem, Kathleen Kelly, Council Member, Jan Harnik, Council Member, Sabby Jonathan, Council Member Susan Marie Weber, Director Of Community Development, Ryan Stendell, City Clerk, Rachelle D. Klassen. FROM: Barbara Powers, Open Space Secretary SUBJECT: MAINTENANCE AGREEMENT FOR 9 HOLE GOLF COURSE, SCHEDULED FOR 69 CONDO'S AND PICTURES OF DESERT LANDSCAPING PDCC RECEIVED THOUSANDS OF DOLLARS FROM COACHELLA VALLEY WATER TO REPLACE GRASS TO DESERT LANDSCAPING. ....PLEASE DO NOT ABONDON THE MAINTENANCE AGREEMENT FOR THE OLD 9 HOLE GOLF COURSE PROPRTY. THERE WILL BE NO MAINTENANCE FOR US........ HARDLY ANY NOW. ....JUST LOOK AT THE ATTACHED PICTURES TAKEN 2-23-2020 THESE ARE JUST A FEW PICTURES OF THE MANY AREAS PDCC RECEIVED THOUSANDS OF DOLLARS FROM COACHELLA VALLEY WATER TO CONVERT FROM GRASS. EVER SINCE THESE AREAS HAVE BEEN INSTALLED, THEY HAVE LOOKE❑ LIKE THIS. DO YOU THINK WE WILL EVEN SEE ANY MAINTENANCE ON THE 69 CONDO PROJECT , GIVEN THE PAST HISTORY OF THIS OWNER. COME OUT TO THE 18 HOLE COURSE AND LOOK FOR YOURSELF. PLEASE PROTECT US. Sincerely, Barbara Powers, Secretary of OPEN SPACE ACTION COMMITTEE 76918 Kentucky Ave, Palm ❑esert, CA 92211 760-777-0065 OPPOSITE 15T TEE BOX ON 18 HOLE PDCC 2-23-2020 VZ= 7 ON CALIFORNIA, NORTHSIDE, JUST BEFORE VIRGINIA pppppp- m r I O z m R ELKHORN EAST ....... . . . . . . ... 1�0 sk W6 -zn () Lf- A,, .......... ... ------- ... ^'•""' CALIFORNIA WARNER TRAIL RE CEIV CITY CLERK'S � rICE P'. t-H DESERT, CA 2-27-2020 I:7 TO: Mayor, Gina Nestande, Mayor Pro-Tem, Kathleen Kelly, Council Member, Jan Harnik, Council Member, Sabby Jonathan, Council Member, Susan Marie weber, Director Of Community Development, Ryan Stendell, City Clerk, Rachelle D. Klassen. FROM: Barbara Powers, 76918 Kentucky Ave, Palm Desert SUBJECT: CONFUSION: CALIFORNIA STATE PRELIMINARY PUBLIC REPORT FILED BY PD HOLDINGS 1-28-2020, AND MOE SIHOTA'S 1-9-2020 TESTIMONY 1-9-2020. (COPIES INCLUDED) ■ ■ ■ • Moe's quote, "Further responding, he said the logical place to start construction is at the foot of New Mexico, the old holes 2 and 9 of the Executive Course." The Track 37242 is the correct number for this site. 18 Condo's on 9.74 acres, as shown on their plans files with city. ■ ■ ■ ■ The Preliminary Public Report Shows The Track 37240 On 13.28 acres 14 condos. This is hole #3 and 4 of the old Golf course between Oklahoma and Kentucky. 32 units to be built. THUS ALL THE CONFUSION WHAT IS THE TRUTH, WHERE ARE THEY GOING TO START? ■ i r w REGULATIONS -REAL ESTATE COMMISSIONER: Subdivision Advertising/Criteria #2799.1 (see attached) Go to 2799.1 (4) "No improvement, facility or utility service may be advertised unless it has been completed or installed and is available for use, or unless completion and availability for use are assured through bonding or other arrangements approved by the Commissioner, if not completed the estimated date of completion shall be set forth in the advertising. The Preliminary Sub -division report is a pink slip, not completed or approved yet. ■ ■ ■ ■ PLEASE SEE THE FOLLOWING ATTACHED BROCHURES: AVAILABLE TO THE PUBLIC IN THE CLUB HOUSE, ON THEIR WEB SITE AND ON MONARK GROUP REALTY'S WEB SITE IN CANADA. 1. Coming Soon, web site news, Monark web site. . ■ ■ • RENTAL OF VILLAS. It appears they may rent villas. Concern's are that an HOA could approve rentals under 28 Days. Now would you like to live next to one? I had one of these rentals next to me for 18 months and I either called the police, rental agent or the owner. FINALLY OUTLAWED. See Their advertisement attached. "bo PLANS FILED WITH THE CITY FOR TRACT 37240. 13.56 ACRES. 2-19-2020 , 1 spoke with Investigator Angie Cosme with The Real Estate Commissioner's office(LOS ANGELES) for the State of California. She stated the information listed on the Preliminary Public Report was as pink issued had not received a final report. Little information was available but this gave the opportunity to advertise and take names and checks for reservations. There was no mention that the city had approved this project for 69 condos. Interesting that on the 1-9-2020 Council Meeting , PD Holdings had not filed for a Preliminary Public Report. Investigator Come also stated the developer did not Need a Real Estate License but if any employee or Person took a reservation and gave a deposit that person Need to have a California Real Estate License.e WHAT IS THE TRUTH? WHERE ARE THEY GOING TO START! MINUTES Pp le, I'll REGULAR PALM DESERT CITY COUNCIL MEETING JANUARY 9, 2020 objective of the in -lieu fee of $12.50 per square foot. They were told that other developers have paid significantly less than that amount, but they are attempting to come close to that target. He believed they will get started on the project at the end of this golf season. In terms of finishing the project, he felt the housing market will dictate for when it will be completed. If it's a buoyant market, they will continue to proceed and develop as quickly as possible, and if not, they don't want to get into an impecunious situation. They will start with the first phase by pre -marketing, which will provide an indication on the depth of interest, which will dictate the pace on which they will move forward. Further responding, he said the logical place to start construction is at the foot of New Mexico, the old holes 2 and 9 of the Executive Course, stating it would be the most efficient spot to start. Lastly, once the project develops, there will be a new HOA to deal with some of the areas referred to by Counckmember Harnik. MR. JEB MARSH, Kentucky Avenue, stated his home is located on the south end of the course. He noted he's a certified general property appraiser, including development land, holds the MAI designation, and is a member of the Urban Land Institute. After reading staff's report he's come up with a couple of questions. First there is the $12.50 in -lieu fee, and based on his calculations, it comes out to $1.2 million, which is well under 5% of their overall finish sale price, as long as they sell the units at $400,000, which he believed they will be lucky to see. The point is that these are very thin margins, and it should be a big red flag. These guys are really good at their proforma if they are able to drill it down to say the in -lieu fee of $12.50 is killing this deal. Also, he questioned if it was the City's job to ensure a project is financially feasible, because he felt Council has bent backwards for this Applicant just to give them the entitlements, and they have their hands out again, which won't be the last time. Also, the potential of $400,000 to $800,000 that will go toward Fund 430 - Park Fund, the City will probably only see $400,000. The $1.23 million that would be owed to the City at $12.50 a foot for the affordable housing project, it means the City is valuing the 2.3 acres at $837,000. He said this land has no other highest and best use other than an extension of Joe Mann Park or for use by the golf course. He asked if the City has done it's own appraisal, because he's been involved in a couple of municipal land transaction, and this type of transaction would have triggered two appraisals under heavy scrutiny. Thirdly, this is the first time he has seen affordable housing being used to help the financial feasibility of a development. He asked if the Affordable Housing Department has been consulted and what are their financial needs, because this represent a good chunk of change for them to help secure affordable housing. Lastly, he said Joe Mann Park is great and the Council should consider extending it, but the City should use park and open space money. 14 STATE OF CALIFORNIA DEPARTMENT of REAP. ESTATE PRELIMINARY PUBLIC REPORT COMMON ]INTEREST SUBDIVISION RE603C(Rev.3116) f SUBDIVISION INFORMATION NAME OF SIJSOIVIDER (SELLER) PD Holdings, Inc. TRACT OR MAP NAME AND NUMBER Tract No. 37240 AIWERTISING NAME {IF OIFFERENTI The Villas of Palm Desert Phase t General Information �fJPi� StI (DIVISIONS For DRE Use Only ORE FILE NUMBER j62856 LA.S 00 ISSUAKE DATE JAN 2 8 3,117n COUNTY E7fPIRAT 10N DATE ■� e� Riverside JAN 2 7 Lur, i CONSUMER INFORMATION • This report is not an approval ordisapproval ofthis subdivision, • This report is for your information only and the information included may change substantially in the future. • The Department of Real Estate has not yet made a substantive review of this proposed subdivision. • Under this Preliminary Public Report, seller is authorized only to advertise and take reservations. • The seller may not negotiate the sale or lease of lots or units with you until a CONDITIONAL or FINAL PUBLIC REPORT has been issued by the Department of Real Estate (DRE). ■ You have no assurance that this subdivision or promised improvements will ever be completed or will evercomply with DRE requirements. Reservations Are Non -Binding • The reservation form is not a contract to purchase or sell a lot or unit. • Its terms are not enforceable by either you or the seller. • You or the seller may cancel the reservation at any time. • The seller may ignore the reservation and sell the property to someone else. • If you or the seller cancel the reservation, your entire deposit shall be returned immediately by seller or escrow depository. Conditional or Final Public Report Time Conditional or Final Public Report will tell you much more vital information about the property than is contained in this Pre- liminary Public Report, It is important that you read and consider al ibis information before deciding to purchase. Financing Programs Financing programs which are being advertised at present could differ substantially from those accepted by the Department of Real Estate at the time of issuance ofthe Conditional orthe Final Public Report. It is important that you read and fully understand all loan documents before you actually obligate yourself to purchase. Any Price Quotations Are Subject to Change Any reservation form you sign does not guarantee a price for the property considered nor does it require the selIerto sell the property to you at prices discussed at the timeyou signed the form. To actual ly buy the property, you must still sign a purchase contract which can only be done after you have received a copy of the Conditional or Final Public Report, Location and Size This public report covers 14 lotsr units on 13.29 acres and is located at: Tract No. 37240 within the city limits of Palm Desert, Riverside County Type of Subdivision Condominium Canted an pgge 2 123 fAf►m Page 2 of 3 Interest to be Conveyed You will receive a fee title to a specified unit and an undivided Fractional interest as a tenant -in -common in the common area(s) together with a membership in the Homeowners Association and rights to use the common arPa(s). Common Areas and Facilities This isacommon interestsubdivision. Condominiums, community apartments, planned d , l.. r .. ts, and stock cooperativesare called common interest subdivisions because they include common areas and/or facilities which are owned and/or operated by an owners' association. You will be required to pay monthly homeowners' association assessments to support the common facility. NOTE. It is very important that you read the "Common Interest General Infbrmation" on page 3. It tells you vital information concemi ng the homeowners' assoc i anon, govem i ng body, goveming documents, and assessments. Investigate Before Purchasing You should investigate this project/subdivision before obligating Yourself to purchase. Some important factors to determine are: • Availability ofservices such as: utilities, schools, fire protection, and public transportation. Hazards such as: earthquake faults, landslides, airplane takeoff- and landing patterns, flood drainage, easements, toxic waste and chemical disposal dumpsites, Zoning forthe property and the surrounding areas which may affect property value. Homeowner responsibilities as described in the recorded restrictions. The above information, if it has been recorded may be found at the County Recorder's Office, city and or county agencies such as building, planning, or health and the Office of the Supervisor will have other information. The Conditional or Final Public Report will include importantfacts about the subdivision which you should consider before making the decision to purchase this property. No Discrimination Allowed Section 51 of the Civil Code, the Unruh Civil Rights Act, makes it unlawful forseilersofreal property and real estate licensees, among others, to discriminate on the basis of sex, race, color, religion, ancestry, national origin, age, disability, medical condition, genetic information, marital status, or sexual orientation. Reservation Money Handling Ifyou reserve a lot/unit, the sellermust place all funds received from You. together with completed and executed Reservation Instrument (RE 612) in an escrow depository pursuant to a Reservation Deposit Handling Agreement (RE 612A ) at: Stewart Title of California, Inc. 73020 El Paseo, Suite 103 Palm Desert, CA 92260 subject to the conditions ofthereservation instrument. Ifyou cancel the reservation, you may go to the seller or directly to the escrow depository to get a full refund of your reservation funds. Preliminary Public Report Tenninadon This Preliminary Public Report expires one year from the date of issuance unless: a Conditional or a Final Public Report is issued earlier (issuance ofa Conditional or a Final Public Report voids this Preliminary Public Report unless it is an overall Preliminary covering other tracts for which Conditional Public Reports or Final Public Reports are not yet issued), or a renewal of this Preliminary Public Report is granted within that year, or expiration may be sooner if the seller does not currently hold title to the property. Reviewed By:` % I l uir� / l + tek s Report Problems To: The flepartmentofRealEstate If you believe the sel lerhas not comps ied with legal requ irements or has acted in adiscriminatory manner, you should contact the nearest subdivision afiice of the California Department of Real Estate. Subdivisions Office — North 1651 Exposition Blvd.. Sacramento, CA 95815 P0. Box 137005 Sacramento, CA 95813-7005 Telephone: (916) 576-3374 Subdivisions Office — South 320 W. 4th Street, Suite 350 Los Angeles. CA 90013-1105 Telephone. (213) 576-6993 Subdivider Notice A COPY OF THIS PUBLIC REPORT AND A STATEMENT ADVISING THAT A COPY OF THE REPORT MAY BE OBTAINED FROM THE OWNER, SUBDIVIDER, OR AGENT AT ANYTIME UPON ORAL OR WRITTEN REQUEST, SHALL BE POSTED IN A CONSPICUOUS PLACE AT ANY OFFICE WHERE SALES OR LEASES OROFFERS TO SELL OR LEASE INTERESTS WITHIN THIS SUBDi VISIONARE REGULARLY MADE. [Business and Professions Code Section 11018.1(b)] RE 603C COMMON INTEREST DEVELOPMENT GENERAL INFORMATION Common Interest Development The project described in the attached Subdivision Public Report is known as a common -interest development. Read the Public Report carefully for more information about the type of development. The development includes common areas and facilities which will be owned and/or operated by an owners'association. Purchase ofalotorunitautomatically ent it les and obligates you as a member of the association and, in most cases, includes a beneficial interest in the areas and facilities. Since membership in the association is mandaton•. you should be aware of the following information before you purchase: Governing Instruments Your ownership in this development and your rights and remedies as amemberofits association will becontrolled by governing instruments which generally include a Declaration of Restrictions (also known as CC&R's), Articles of Incorporation (or association) and bylaws. The provisions of these documents are intended to be, and in most cases are, enforceable in a court of law. Study these documents carefully before entering into a contract to purchase a subdivision interest. Assessments In order to provide funds for operation and maintenance of the common facilities, the association will levy assessments against your lot or unit. Ifyou are delinquent in the payment ofassessments, the association may enforce payment through court proceedings or your lot or unit may be liened and sold through the exercise of a power of sale. The anticipated income and expenses of the association, including the amount that you may expect to pay through assessments, are outlined in the proposed budget. Ask to see a copy of the budget if the subdivider has not already made it available for your examination. Common Facilities A homeo►►nerassociation provides avehiclefortheownership and use of recreational and other common facilities which were designed to attract you to buy in this development. The association also providesa means to accompl ish architectural control and to provide a base for homeowner interaction on a variety of issues. The purchaser of an interest in a common - interest development should contemplate active participation in the affairs of the association. He or she should be willing to serve on the hoard ofdirectorsoron committees created by Page 3 o, f 3 the board. In short, "they" in acommon interest development is "you,'- Unless you serve as a member of the governing board or on a committee appointed by the board, your control ofthe operation of the common areas and facilities is lim ited toyourvoteas a member ofthe association. There areactions that can be taken by the governing body without a vote of the members of the association which can have a significant impact upon the quality of life for association members. Subdivider Control Until there is a sufficient number of purchasers of lots or units in a common interest development to elect a majority of the governing body. it is likely that the subdivider will effectively control the affairs ofthe association. It is frequently necessary and equitable that the subdivider do so during the early stages of development. It is vitally important to the owners of individual subdivision interests that the transition from subdivider to resident -owner control be accomplished in an orderly manner and in a spirit of cooperation. Cooperative Living When contemplating the purchase ofa dwel I ing in a common interest development, you should consider factors beyond the attractiveness of the dwelling units themselves. Study the governing instruments and give careful thought to whether you will be able to exist happily in an atmosphere ofcoope3rative living where the interests ofthegroup mustbe taken into account as well as the interests of the individual. Remember that managing a common interest development is very much like governing a small community ... the management can serve you well, but you will have to work for its success. [B&P Code Section 11018. i(c)] Informational Brochure The Department of Real Estate publishes the Common InterestDevelopment$rochure_ The information contained in this brochure provides a brief overview of the rights, duties and responsibilities ofbothassociations and individual owners in common interest developments. To obtain a free copy of this brochure, please send your request to: Book Orders Department of Real Estate P.Q. Box 137006 Sacramento, CA 95813-7006 RE 631 Page 2 of 13 PART III — REGULATIONS OF THE REAL ESTATE COMMISSIONER §2799.1 Subdivision Advertising Criteria. Standards which will be applied by the Real Estate Commissioner in determining whether advertising for sale or lease of subdivision interests is false, untrue or misleading within the meaning of those terms in §§ 10140, 10177(c), 11022, and 17500 of the B&P Code shall include, but shall not be limited to the following: §2799.1(1) Advertising shall not imply a use of a subdivision interest that is not set forth in the Notice of Intention and Questionnaire comprising the application for a public report or permit. + Typical primary uses are single family residential, multi- family residential, commercial, recreational, agricultural and industrial. "Investment" is sometimes represented as a secondary use in the offering. "Raw Land" subdivisions are subdivisions which do not qualify for the usual primary or secondary uses. As such they may be offered only as raw land with no representations of current or potential use. §2799.1(2) A subdivision shall not be advertised under a name., designation or appellation that is not set forth in a Notice of Intention and Questionnaire. :• Cities and counties officially identify subdivisions by tract number or by tract name. The subdivider may wish to use another name for the subdivision for advertising purposes. The tract name or tract number and the advertising name will be included in the subdivision public report. However, in advertising the designated advertising name, as stated on the Public Report or Permit, mast be used. §2799.1(3)Asubdivision shall not be advertised by a name or trade style which implies, contrary to fact, that the subdivider or his agent is a bona fide research organization, public agency, nonprofit organization or similar entity." s• This regulation covers any kind of organization which is owned, controlled, or in any way associated with the subdivider. Likewise, representations of or by a purported research organization which is owned, controlled or affiliated with the subdivider shall not be advertised unless there is a disclosure that the organization is not a bona fide research organization. Advertising will not be approved if it implies, contrary to fact, that real estate is owned and/or offered by any public agency. §2799A(4) No improvement, facility or utility service may be advertised unless it has been completed or installed and is available for use, or unless completion and availability for use are assured through bonding or other arrangements approved by the Commissioner. If not completed, the estimated date of completion shall be set forth in the advertising. This includes any off -site proposed improvement which includes recreational or other facilities in addition to the utility services such as sewers, water, gas, electricity, telephone and TV cables. Representations of estimated dates of completion should be submitted as part of the application for a subdivision public report. Language in the advertising should reflect the current status of the improvements. Those improvements not currently installed require references in the future tense such as "will be installed". "under construction", etc. §2799.1(5) There shall be no reference to the prospective availability of private facilities outside of the subdivision for the use and enjoyment of purchasers of subdivision interests if the facilities are to be constructed or installed by the subdivider or an affiliated entity unless financial arrangements for completion or installation have been approved by the Commissioner. This applies to any type of facility advertised or represented as being available to lot purchasers or the public some time in the future. Any such proposals should be submitted as part of the application for a subdivision public report. §2799.1(6)There shall be no reference to proposed oruncompleted private facilities over which the subdivider has no control unless the estimated date of completion is set forth and unless evidence has been presented to the Commissioner that the completion and operation of the facilities are reasonably assured within the time represented in the advertisement. This applies to references to any proposed facilities such as hotels, private recreational facilities of all kinds and open to the public, shopping centers, etc. §2799.1(7) Unless the facilities and improvements listed below have been completed, or unless financial and other arrangements for completion have been made, subdivided land offered for residential use shall not bedescribed as `improved`. `developed', or by similar terms without disclosure of any facility or improvement listed below that is not included in the offering: (a) Paved roads within the subdivision. (b) Apotable water system. (c) A sewage system. (d) A source of electricity at the building side. ❖ Besides "improved" or "developed", similar terms meats any description which implies the subdivider is offering lots which do not require a homebuitder to furnish any one of the above listed facilities at his own expense. "Paved roads" means either public or private paved roads. A "potable water system" means a public or community system serving lots in a subdivision with a water supply approved by the appropriate health authority, A "sewage system" means a public or community system serving lots in a subdivision approved by the appropriate health authority. A "source of electricity at the building site" tmeans that a home builder, having obtained a building permit and having made a proper application for electric service, is entitled to receive service without additional cost other than the nonnal hook-up charges, if any If., however. the purchaser must pay to have a well drilled or electricity lines extended, then this information must be disclosed in the advertisement. §2799.1(8) Reference shall not be made to a proposed public facility or project which purports to affect the value and utility of subdivided lands without a disclosure of the existing status of the proposed facility based upon information supplied or verified by the authority responsible for the public facility or project. Coming Soon The Villas of Palm Desert r r O q p ❑ r r QQ A. Q, C rD rD n cn ❑ rA U7 rya a D rD ry • cu .� = Z = '3 n ❑ rn Q Q �i7 � r-< fJ pq n Q rD d "ZI in ro °a U- ro v rn IDCR �' w rn n w rJ M Cq U] rD !1 co piW Q, rD r� y �rD � � ¢ °' ° to 4 o rD . R A ro . rD ❑ -. ❑- Jl_ r Pi n (o U� . rD rf pp 'T rD rn D n N pr'7 C! EL a �} v ro c rD M Can � o , ID P.) M :::I- L" rn ' rnl5 rroo o C Q ID F"r p3 Q ro rr n rr' ro W m M ❑ rD rr+ (D �i rD ❑ n ro 'L ❑ ❑ h rD ro -1 ❑ D 'd [V `�T* CA to � ro D m pi N ! r 4q -fie ❑ N CU D ° G in cn �' co fb N rn p•1 h rD @ a � a a b Q �:j W r Q ::j' 0 va �j r) rb r.7 Thy O• r,s '� 14 ` rD r- r n q n a ui rD � rD a' C c r ro rn o p- CD 'n rb o C �. Q ID o ro e n rD �) (7- RrD r-o m ❑ rD M 3� f:�,nI-w. A-s-e-4- ey0/-.( .e"941 C'//, r Ar C)n. Ne w, of New V1IIa Homes Development Among Best of Palm Desert Homes for Sale We are compiling a list of those who are interested in owning, please email n .t@P-&m sertg to f.com with questions or interest in the project. Among the many benefits of living in the beautiful region that is the Coachella Valley is the variety of different active lifestyle choices residents have here. Most days are sunny and warm in this part of the State, and that means people who live here take nearly every opportunity to be outdoors and enjoying themselves. Prospective homebuyers interested in the Coachella Valley area that are looking to purchase a villa home located very close to a good PaIm Desert go if course are in the right place, interest in Palm Desert Homes for Sale continues to grow each year, and these types of single -level homes are always popular with older home buyers who recognize the benefits of them. This will apply to anyone Interested in similar Indian Wells homes for sale as well, and the proximity of the two communities will almost always lead genuinely interested buyers to be flexible based on fording a property that truly works best for them. Quality Villa Homes in Palm Desert This development of Palm Desert homes for sale here at Palm Desert Golf and Country Club will feature 69 villa homes that are 1,432 square feet in size and available 1n dusters of one, two, and three unit groups. They are 2-bedroom plus den single floor homes with open floor plans and have been designed to facilitate the best in indoor and outdoor living. It is fair to say that these homes will be among the most eagerly anticipated among Palm Desert homes for sale as we move into the coming New Year. Buyers looking for homes for sale in La Quinta, CA will be interested in this development as well. Attractive Houses for sale in Palm Desert with Great Amenities - and Fairways - Right Nearby Each of these golf course houses for sale in Palm Desert features front and back open terraces that offer a nice measure of privacy for owners and the guests they may be entertaining. Each home wiII come with a 2-car garage as well. We're working a number of packet parks and a pickleball courts into this new villa home development in Palm Desert, and there will also be a continuous walking path that goes all around the project. r of RV 493 Plus, those who are quick to seize the opportunity with these Palm desert homes for safe will also have all of the other amenities hereto enjoy. Most popular among them for homeowners here is our community pool and spa with multi -purpose room that can used for nearly any indoor activity for groups of people. There's more in the way of what makes this such an appealing place for golf lovers to live in Palm Desert, and we encourage you to visit the C I u h to learn more, Great Golfing! it's not that we think any less of homes for sale in Palm Springs, CA but not only do they tend to be a bit pricier, but they're not as ideally located for golf and other outdoor activity enthusiasts the way that these villa Palm Desert homes for sale are. Same can be said for homes in Rancho Mirage CA. Both are lovely spots, but - if you ask us - Palm Desert is that much more of a golfer's paradise. Plus, it's fair to say that nothing does a betterjob of selling people on our Palm Desert Country Club Homes for sale here than the excellence of the 18 holes on our cour�c. If you love golf that challenges your skills while being surrounded by attractive landscaped vistas that are paired with beautiful backdrop of the Santa Rosa, San Jacinto, and San Gorgonio mountains then you'll quickly be enamored with our course. We are compiling a list of those who are interested in owning, please email dianna.tC�rtaimdeserig la F.cam with questions or interest in the project. Villa Renderings r 4 Site Maps 14( 213 Home Book Tee Time Golf lessons Dining Events Directory Contact IL+ �AIIR,gl,r.. Site. Map V, k� W n�r�gr�5 �• 11..yra'bY tv� �. S I n?u r„ Attractive Options for Golf Course Home Rentals in Palm Desert We are compiling a list of those who are interested in monthly rental properties. Please email dA1_n_n_a-t@p_qLrqdLurAgolf.Com with questions or interest in renting a villa home. One of the realities of life when you live in parts of America that stay sunny and relatively warm all through the year is that you get 'snowbirds' arriving in the wintertime. In this case we're not referring to actual birds migrating south from mare northern parts of North America. We get those winged visitors too, lout in this case, snowbirds is the term used to describe people who travel to warmer climates to escape the wrath of winter back home. These stays tend to be for months at a time, and fortunatelythe re are houses far rent in Palm Desert that are ideal for long-term visitors. There's much that draws folks to the Coachella Valley, but being able to playa round of golf in pleasant weather with a beautiful scenic backdrop in the middle of January is going to sound plenty appealing to a lot of people. It still sounds plenty appealing to us even, and that's been our everyday reality living in golf course homes in Palm Desert for years now! Plus, there's homes for rent in Indian Wells CA too and this is also a solid option for folks planning on an extended stay In this area. It's fair to say, however, that when it comes to houses for rent in Palm Desert it's hard to beat the new 2-bed + den villa homes we have here at aalir, n-� n ry Club. For visitors who'll insist on swell -appointed and perfectly situated home here, these homes near golf courses in Coachella Valley are among the best available and there's one waiting for you if you'd like to rent it anytime of the year. A+ Accommodations The ideal living a rrange ments for people staying In Palm Desert over the winter will be to have a home that's sufhcientlyspacious, has multiple bedrooms, plus a nice outdoor seating patio to enjoy the warm weather during any time of the day they're not out on the links. These villa houses for rent in Palm Desert check all those boxes, and they also have dual -car garages, ensuite bathrooms for the master bedroom, and a full 1,430+square feet of reat living space. You can look at the iriages here and you'll see they're plenty attractive on the exterior as well, as they are crafted to match the natural topographical theme here in Palm Desert, If you're considering houses for rent in Palm Desert, you owe it to yourself to come and have a walk-through of one of our golf course homes far rent in Coachella. There homes are especially nice and the owners make every effort to upkeep them very well. Last but not least, the fact the sliding doors in the living room of each home leads directly out onto the patio, which adds to the draw for anyone looking for homes for rent in Indio,CA, 112 Hit the Links - As Often as You Like If you're looking for quality houses for rent in Palm Desert, you really need to come and see us. And especially if you love to golf! We're proud to have one of the best golf courses in Palm Desert, with a full 18-holes, with each hole featuring wide fairways and the perfect mix of ❑nes that present birdie opportunities and others that will really challenge you to stay at or under par, It's been nominated for the best public golf course in Coachella Valley by Coachella Valley Weekly. The 2"d hole in particular will put your putting skills to the test. The 91h hole will have you deciding whether you've got the moxie to go over the water, and the 15`h is going to challenge for even the most skilled golfer in your group. But what's consistent across all 18 hales is the natural landscapes and amazing views provided by the surrounding mountain ranges. Add all the other amenities we have here at our Coachella Valley public golf course and it becomes easy t❑ agree that our houses for rent in Palm Desert are going to be a perfect fit for anyone who fancies a longer stay in our lovely part of California. If you happen to be looking for homes for rent in La Quinta, CA, this is all the more reason to expand your horizons a bit as well, Same goes for houses for rent in Rancho Mirage, CA. You can book a tee time online at anytime. Come see us for around of golf and make inquires about houses for rent in Palm Desert too if that's something that interests you. We have villa homes near the golf course ready to be rented to snowbirds, or anyone else that wants to live the country club life here in Palm Desert. We are compiling a list of those who are interested in monthly rental properties. Please email d'lanna.t@pal_mdesertgOjf fom with questions or interest in renting a villa home. 44 2i2 V20/2020 Rea! Estate I Monark Group ■1►AM 0 EARNlk, I. — GR❑UP 0 C-'* A, Fri' —r J Su ; re, XV 5' � h' f 5 1 '— " V- - SUrre7 'RC. I -VA Y ►ir Z. 40V - 50 1 6 ya 1 REAL ESTATE With over a decade of property development and construction experience, Monark's dedication to quality design and craftsmanship is evident in each venture it embarks on. Since 2001, Monark has invested a significant amount in property development across North America, which includes a portfolio of high - end golf resorts, hotels, townhomes, high-rises, and commercial development. Monark specializes in all aspects of property development, including site acquisition, design, construction, marketing, and sales. From conception to completion, Monark assists investors in turning their vision into a reality. Current Projects L�S https:/llwww. rnonark.corn/rea I -estate) 1115 2/20/2020 Real Estate I Monark Group -A&A Palm Desert C o u n try Cl tl }, Palm Desert Country Club Proudly maintaining its status as one of the best golf courses in the Coachella Valley, Palm Desert Country Club offers a world class golfing and dining experience. This full 18--hole course features stunning views and beautiful landscaping. Visiting Palm Desert Country Club leaves no wonder why it has been nominated for Best Public Course in the Valley by Coachella Valley Weekly. Coming soon is a new condominium development consisting of E9 units Situated on 39 acres of ic1-id the new development will integrate outdoor living with a single floor plan featuring a private patio in the front and back. Amenities will include three compunibe pools / spa, pathways throughout the property, as well as tennis and plckleball courts. https:/lwww.monark.comlreal-estate) LK� 5/15 2/2012020 Real Estate I Monark Group Contact Us Your Namo Your Email (required) Subject Your Message (required) Send Copyright Cc) Monark Media Ventures 2020 1 Privacy Policy https:Ilwww.monark.comlreal-estate) 15115 Klassen, Rachelle From: Chester Hilbourn <hedi64@sbcglobal.net> Sent: Thursday, February 27, 2020 12:55 PM To: Klassen, Rachelle; Kevin Fahey Subject: Covenant Issue on Proposed Land Sale Hi Rachelle, A note to say that we are in agreement with Kevin Fahey as well as others involved with the Covenant Issue. This park would directly impact our property at 77735-2A Michigan Drive. We regret we cannot attend the meeting today but request that our comments be made a part of the record for the meeting of February 27, 2020. Thank;you for your attention. Helen Hilbourn hedi64@sbcglobal.net Klassen, Rachelle From: Sandy Patterson <spatterson7183@gmail.com> Sent: Thursday, February 27, 2020 12:42 PM To: Klassen, Rachelle; Sandy Patterson Subject: Public Records Request Covenant Issue on Proposed Land Sale behind 4th Green from PDCC to CITY & Joe Mann Park We are requesting to be part of the of the public record for both the closed session and public session items pertaining to the Covenant Issue on Proposed Land Sale behind 4th Green from PDCC to CITY & Joe Mann Park Please confirm our email has been received. Respectfully, Charles and Sandra Patterson 77565 Michigan Dr. #1 Palm Desert CA. 99211 q.1 Vehruary 25, 2020 To: Rachelle D. Klassen, City Clerk for the City of Palm Desert. Please include my letter to the to City Council Meeting February 27, 2020 Agenda item 17-A 5uppimnt into - GZ-PP-CUP 16-2bu - U2-2t-2020, Thank you, Jack Forney C= N -V _, O 7 y U7 rnmrr 0 ?[ --- C.J - February 25, 2020 To: Palm Desert City Council Gina Nestande, Mayor Kathleen Kelly, Mayor Pro-Tempore Jan C. Harnik, Councilmember Sabby Jonathan, Councilman Sus an Marie Weber, Councilmember Subject: Palm Desert City Council Meeting February 27, 2020-Regarding Amending Article 14 of Resolution 2018-16 and the Operation and Maintenance Agreement of November 2017 The City Council meeting of January 9,2020 having been continued until February 13, 2020 and subsequently to February 27, 2020 provides an opportunity to thank Mayor Pro-Tempore Kelly and the Council for allowing additional time to review the request for amending two (2) significant items. In my January 9, 2020 letter, 1 recommended that PD Holdings, LLC be required to provide a bond to insure efficient and timely completion of re -purposing the former PDCC Executive Course. After speaking to Ryan Stendell I understand the City's position in rejecting this proposal; however I still would like some assurance that this project will be completed in a timely manner. The re -purposing of the Executive Course in an efficient and timely manner continues to be an extremely important matter to the 188 owners whose property abutts the course. The City Council has appropriately recognized this unsatisfactory condition by delaying the amendment to the Operation and Maintenance Agreement of November, 2017 which would leave the Executive Course in "Limbo" for any maintenance, water, etc. until the entire re -purposing was complete. PD Holdings, LLC has thus far "Been less than a desirable neighbor" by allowing their property to deteriorate from a beautiful green and "park like" setting to area consistent with "open desert" through lack of water and regularly timely mowing of the weeds. I as well my neighbors and the other owners to whom I have spoken believe the total re -purposing by completing the entire 69 units should be completed in 18 months, but NO LATER than May 1, 2022. If D. R. Horton can complete 92 units in less than 1 year; PD Holdings, LLC should be able to complete 69 units in less than 2 years which amount to approximately 3 units per month for this "Cookie Cutter" project; One floor plan repeated 69 times. If PD Holdings, LLC lacks the expertise, experience or financial ability to complete this project in the time we have suggested possibly their parent company/partner/associate Monarck Development Co. Surrey, B.C. who specializes in all aspects of property development including site acquisition, design, construction, marketing and sales from conception to completion. Monarck assists investors in turning their vision into a reality as stated on their website. The amendment to revise the $12.50 per square foot "In -Lieu -Affordable Housing Fee" should remain as agreed to by PD Holding, LLC in Article 14 of Resolution 2018-16 of May 10, 2018. The offer to give 2.5 acres of unused land behind hole 44 for expansion of Joe Mann Park is a generous offer but should not be part of the " In Leiu of Affordable Housing Fee". Any reduction adversely affects the California State required development of affordable housing requirement and most probably would have to be made up by Palm Desert Taxpayers. If PD Holdings, LLC propose to construct units in 1 tract at a time, as they sell, this should be prohibited; however if allowed all permits and fees for every unit in that tract must be advanced prior to any work is commenced; Tract 37240, "32" units, Tract 37241 "19 units" and Tract 37242 "18 units". This project is unlike "Sage Palm Desert", by Ponderrosa Homes, "Genesis" Palm Desert, by G. H. A. Companies or "Domani" Palm Desert by Rilington Group all of which are built on raw land, open space and pull permits as they are needed. The PD Holdings, LLC project is being built down the middle of existing, occupied homes on both sides of approximately 200ft wide former fairways and should be simultaneously built for the entire tract. The disruption to existing residents by noise, excavation, dust, traffic etc. must be limited to the greatest extent possible. The Tracts that are not under current construction shall be covered (treated) with a ground stabilization, dust prevention material similar to that material used by CalTrans on areas of bare or exposed soil. When the Executive Course was closed in 2013 Mr Wil Weinkauf stated "it was due to costs" $300,000.00 per year expense and $80,000.00 per year revenue. Perhaps some of the approximate $1,400,000.00 7 year savings could be used for soil stabilization and dust prevention on the property. A final thought, this project must be completed in a timely manner, no more 7 year waiting. Thank you for your consideration of these suggestions. Please include these comments in the minutes, of the City Council meeting. Jack L Forney CC: Ryan Stendell Eric Ceja Rachelle D. Klassen Klassen, Rachelle From: Klassen, Rachelle Sent: Thursday, February 27, 2020 8:53 AM To: 'Kevin Fahey' Cc: Aylaian, Lauri; Firestine, Andy; Stendell, Ryan; Ceja, Eric Subject: RE: Comments to be made as part of the public record on Expansion of Joe Mann Park & Public Hearing of 1/9 continued to 2/13 and continued again to 2/27 including closed door item added Dear Mr. Fahey: Your e-mail has been received and will be distributed for today's agenda packets. By way of my reply here, I have also blind -copied the City Council for their information. Rachelle Klassen City Clerk N � ' Ph:760.346.0611 Direct:760.776.6304 N — rklassen@cityofpalmdesert.org i� From: Kevin Fahey [mailto:faheykevin@comcast.net] Sent: Thursday, February 27, 2020 8:40 AM -r - To: Klassen, Rachelle <rklassen@cityofpalmdesert.org> Cc: Kathleen Kelly <Kelly4pd@gmail.com>; Harnik, Jan <jharnik@cityofpalmdesert.org>; Weber, Susan Marie':? =' <sweber@cityofpalmdesert.org>; Gina Nestande <gnestande@aol.com>; Jonathan, Sabby cn <sjonathan@cityofpalmdesert.org>; Stendell, Ryan <rstendell@cityofpalmdesert.org>; Ceja, Eric c <eceja@cityofpalmdesert.org>;'Christine Fahey' <c.f.fahey@comcast.net>; BARBARA POWERS <barbarapdcc@gmail.com>; George Innis <innisg@gmail.com> Subject: Comments to be made as part of the public record on Expansion of Joe Mann Park & Public Hearing of 1/9 continued to 2/13 and continued again to 2/27 including closed door item added Good morning Rachelle, We still have not received a response from the city to our questions regarding the deed declaration and covenant that tract 2137 remain a golf course, however we did notice that there is an addendum to the city council meeting agenda which authorizes the city agent to negotiate the price and terms of purchasing land that is part of the tract prior to the public hearing item A listed on the agenda. We strenuously object to this action or any action by the city or PDCC owners to breach, violate or invalidate the deed declaration and covenant on tract 2137. We also strongly object to city's modifying the existing operating and maintenance agreement which the PDCC owners have failed to adhere to its terms and the city has failed to enforce them. Furthermore, as stated in previous correspondence, the city has failed to follow proper process and procedure in its handling of the executive course development project which is subject to review. We reserve all legal rights and remedies against the city, the PDCC owners and the PDCCA in these matters. We also reserve the right to join any other parties who may have cause for action on these matters. 53 Rachelle please confirm that this email will be made part of the public record for both the closed session item referenced in the agenda addendum and the public hearing Item A regarding resolution2020-21 and modification of the existing operating and maintenance agreement. Kind Regards, Kevin and Christine Fahey From: Kevin Fahey fmailto:fahevkevin@comcast.netI Sent: Wednesday, February 12, 2020 5:16 PM To: rklassenC&citvofpalmdesert.ora Cc: Kathleen Kelly (Kellv4od(a)omail.com); Jan Harnik(iharnikCa�citvofoalmdesert.orci); Susan Marie Weber (sweber(cDcitvofoalmdesert.ora); Gina Nestande (onestande(cbaol.com); Sabby Jonathan (sionathan(&citvofoalmdesert.orci); rstendell(ai)citvofoalmdesert.orq; eceia(a)citvofr)almdesert.orci.; 'Christine Fahey (c.f.fahev@comcast.net)'; BARBARA POWERS (barbaraDdcc@)amail.com) Subject: Follow up on Expansion of Joe Mann Park & Public Hearing of 1/9 continued to 2/13 Hi Rachelle, Since we have not received a response from Attorney Stendell on the questions we raised in our January 301h email to Eric Ceja below regarding the declaration attached to our tract 2137 remaining a golf course, we can only assume that it is still being researched. We trust that the city council would honor the deed declaration prior to any further consideration of approving the land transfer for park expansion and not repeat the error it made approving the executive course development before resolving the required zoning change. Please make this email along with our email of January 301h to Eric Ceja and the attached letter from the PDCC attorney as part of the public record for the public hearing of February 131h or any rescheduled date. Thank you in advance, Kevin and Christine Fahey From: Kevin Fahey fmailto:fahevkevin@comcast.netI Sent: Wednesday, February 05, 2020 12:35 PM To: BARBARA POWERS (barbaraodcc(.aamail.com) Subject: FW: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Hi Barbara, I sent this email last week and have not received a reply to my questions and likely will not get one. Do you have any updates on where things stand and can you provide me the contact information of the attorney you were using before. Thanks, Kevin From: Kevin Fahey (mailto:fahevkevin@comcast.netj Sent: Thursday, January 30, 2020 5:33 PM To: 'eceja@cityofpalmdesert.org'; 'rklassen@cityofpalmdesert.org' 5Lt Cc: 'c.f.fahey@comcast.net'; 'rstendell@cityofpalmdesert.org' Subject: RE: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Thanks Eric, We are certainly glad to hear there is high sensitivity to the concerns of homes that would back into the park and that community feedback will be actively solicited. We are already hearing questions about whether or not a dog park expansion is under consideration, active vs passive activities, fencing, lighting, noise etc. For the many of of us living on tract 2137 which includes Declaration 2137 that the property be maintained as a golf course (attached is PDCC Attorney Patterson letter to City detailing this issue), we have two questions which may be more appropriate for Attorney Stendell to address: 1 How is the proposal to for a park expansion possible given the2.5 acres of land under consideration is part of the tract 2137 and the declaration? 2 Is the city altering or eliminating the declaration in this transaction. If the city is in fact altering or eliminating the declaration that the tract remain a golf course, are they proposing it for only the 2.5 acres for the park or for the entire tract? I am not sure if you are aware of this but just in case for notification purposes, there is a separate HOA from the PDCCA HOA, called Garden Apartments HOA, which has units along Michigan Drive including units that would back up to the park. We appreciate all the information and answers you are providing, Kevin and Christine From: eceia@citvofpalmdesert.orq fmailto:eceia(&citvofoalmdesert.orq] Sent: Thursday, January 30, 2020 2:19 PM To: rklassen(&citvofoalmde.sert.ora: fahevkevin(a)comcast.net Cc: c.f.fahev(&comcast.net; rstendell(&citvofoalmdesert.ora, Subject: RE: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Hello Mr. Fahey, Thank you for expressing interest in the potential park expansion. I have attached a map showing the area for park expansion that is currently being considered. Prior to designing the park the City Council 1st needs to approve the proposal. We anticipate that could happen on February 13th. If approved, the City's Park Commission and City staff will solicit feedback from neighbors and park users about the expansion plans. The design of the park will include community feedback. Although not finalized, myself and other staff members are sensitive to the homes that back into the park area and we are supportive of more passive uses (walking paths and seating area) and new landscaping rather than active uses (basketball courts and playground equipment). If approved, we will reach out to all adjacent properties for your input. Please let me know if you have any questions. Thanks, 5S Eric Ceja Principal Planner Ph:760.346.0611 Direct:760.776.6384 eceja@cityofpalmdesert.org From: Klassen, Rachelle Sent: Thursday, January 30, 2020 11:00 AM To:'Kevin Fahey' <fahevkevin@comcast.net> Cc: c.f.fahev@comcast.net; Stendell, Ryan <rstendell @citvofpalmdesert.org>; Ceja, Eric <eceia@citvofpalmdesert.ora> Subject: RE: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Yes — I believe so. Although, I have not seen any formal renderings yet. I believe it would depend upon whether or not the transaction was approved before the City developed such plans. Rachelle Klassen City Clerk Ph:760.346.0611 Direct:760.776.6304 rklassen@cityofpalmdesert.org From: Kevin Fahey jmailto:fahevkevin@comcast.netj Sent: Thursday, January 30, 202010:43 AM To: Klassen, Rachelle <rklassen@citvofpalmdesert.org> Cc: c.f.fahev@comcast.net; Stendell, Ryan <rstendell@citvofoalmdesert.orp,>; Ceja, Eric <eceia@citvofvalmdesert.orP,> Subject: Re: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Thank you Rachelle, Appreciate your quick response. We assume that with the continuance of the public hearing matter, the proposed park expansion plans are still available to be viewed at the city planner's office. Kind Regards, Kevin & Chris Sent from my iPhone On Jan 29, 2020, at 4:39 PM, <rklassen@citvofpalmdesert.org> <rklassen@citvofpalmdesert.orQ> wrote: Dear Mr. and Mrs. Fahey: Thank you for your e-mail request. In response, the following are attached here: 1) Staff Report for the January 9, 2020, City Council Meeting — Public Hearing A — and supplemental information received after the agenda was posted. 2) Minutes of the regular January 9, 2020, Palm Desert City Council Meeting; Public Hearing A begins on page 8 of this document. Note: This Public Hearing matter was continued to the Palm Desert City Council Meeting of Thursday, February 13, 2020, at 4:00 p.m., or as soon as practicable thereafter. �o This completes our response to your request. If you need any further assistance, please let us know. Rachelle Klassen City Clerk Ph:760.346.0611 Direct:760.776.6304 rklassen@cityofpalmdesert.org From: Kevin Fahey Imai)to:fahevkevin@comcast. netj Sent: Wednesday, January 29, 2020 8:14 AM To: Klassen, Rachelle <rklassen@citvofpalmdesert.org> Cc: 'Christine Fahey' <c.f.fahey@comcast.net> Subject: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Rachelle, My wife and I were unable to attend the public hearing on January 9th as her mom has been transitioning into a LTC facility. We have heard some varied & somewhat confusing reports from our neighbors here on Michigan Drive regarding the proposed expansion of Joe Mann Park and amendments to the Operating & Maintenance Agreement between the City and PDCC. Would you be so kind to email us the electronic records of the park expansion plans along with the minutes of the public hearing so we can separate fact from fiction? Thank you in advance, Kevin & Christine Fahey 77625 Michigan Drive Palm Desert, CA <CZ -PP -CUP 16-280 Palm Desert Country Club - PD Holdings LP (96940).pdf> <Supplmnt Info - CZ -PP -CUP 16-280 PDCC (96970).pdf> <2020 JAN 09.pdf> S-� 2N0 WADI S CITY OF PALM M? . • .... xanasnanmr .ec�en;rcvn�:✓a:.. _,� $.ygssi.w : _c c�rz.Q�ase is COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL PUBLIC HEARING MEMORANDUM To: Honorable Mayor and Members of the City Council Lauri Aylaian, City Manager Robert Hargreaves, City Attorney From: Eric Ceja, Principal Planner Date: February 13, 2020 Subject: Consideration for approval of a Res 14 n_ Resolution 2018-16 requiring an in -lieu affordable housing fee on a development proposal at Palm Desert Country Club and an amendment to the Operation and Maintenance Agreement between the owners of Palm Desert Country Club (PD Holdings, LLC) and the City of Palm Desert. Recommendation: By Minute Motion: Continue the public hearing to the meeting of February 27, 2020. Klassen, Rachelle From: Kevin Fahey <faheykevin@comcast.net> Sent: Wednesday, February 12, 2020 2:16 PM To: Klassen, Rachelle Cc: Kathleen Kelly; Harnik, Jan; Weber, Susan Marie; Gina Nestande; Jonathan, Sabby; Stendell, Ryan; Ceja, Eric; 'Christine Fahey'; BARBARA POWERS Subject: Follow up on Expansion of Joe Mann Park & Public Hearing of 1/9 continued to 2/13 Attachments: We sent you safe versions of your files; PDCC Attorney Letter.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files Hi Rachelle, Since we have not received a response from Attorney Stendell on the questions we raised in our January 30"' email to Eric Ceja below regarding the declaration attached to our tract 2137 remaining a golf course, we can only assume that it is still being researched. We trust that the city council would honor the deed declaration prior to any further consideration of approving the land transfer for park expansion and not repeat the error it made approving the executive course development before resolving the required zoning change. Please make this email along with our email of January 301h to Eric Ceja and the attached letter from the PDCC attorney as part of the public record for the public hearing of February 13`h or any rescheduled date. Thank you in advance, Kevin and Christine Fahey From: Kevin Fahey [mailto:faheykevin@comcast.net] M n :. Sent: Wednesday, February 05, 2020 12:35 PM N T T To: BARBARA POWERS (barbarapdcc@gmail.com) r:)K Subject: FW: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 a N Hi Barbara, ry I sent this email last week and have not received a reply to my questions and likely will not get one. Do you have any updates on where things stand and can you provide me the contact information of the attorney you were using before. Thanks, Kevin From: Kevin Fahey [mailto:faheykevin@comcast.net] Sent: Thursday, January 30, 2020 5:33 PM To: 'eceja@cityofpalmdesert.org'; 'rklassen@cityofpalmdesert.org' Cc: 'c.f.fahey@comcast.net'; 'rstendell@cityofpalmdesert.org' Subject: RE: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Thanks Eric, We are certainly glad to hear there is high sensitivity to the concerns of homes that would back into the park and that community feedback will be actively solicited. We are already hearing questions about whether or not a dog park expansion is under consideration, active vs passive activities, fencing, lighting, noise etc. For the many of of us living on tract 2137 which includes Declaration 2137 that the property be maintained as a golf course (attached is PDCC Attorney Patterson letter to City detailing this issue), we have two questions which may be more appropriate for Attorney Stendell to address: 1 How is the proposal to for a park expansion possible given the2.5 acres of land under consideration is part of the tract 2137 and the declaration? 2 Is the city altering or eliminating the declaration in this transaction. If the city is in fact altering or eliminating the declaration that the tract remain a golf course, are they proposing it for only the 2.5 acres for the park or for the entire tract? I am not sure if you are aware of this but just in case for notification purposes, there is a separate HOA from the PDCCA HOA, called Garden Apartments HOA, which has units along Michigan Drive including units that would back up to the park. We appreciate all the information and answers you are providing, Kevin and Christine From: eceja@cityofpalmdesert.org [mailto:eceja@cityofpalmdesert.org] Sent: Thursday, January 30, 2020 2:19 PM To: rklassen@cityofpalmdesert.org; faheykevin@comcast.net Cc: c.f.fahey@comcast.net; rstendell@cityofpalmdesert.org Subject: RE: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Hello Mr. Fahey, Thank you for expressing interest in the potential park expansion. I have attached a map showing the area for park expansion that is currently being considered. Prior to designing the park the City Council 1st needs to approve the proposal. We anticipate that could happen on February 13th. If approved, the City's Park Commission and City staff will solicit feedback from neighbors and park users about the expansion plans. The design of the park will include community feedback. Although not finalized, myself and other staff members are sensitive to the homes that back into the park area and we are supportive of more passive uses (walking paths and seating area) and new landscaping rather than active uses (basketball courts and playground equipment). If approved, we will reach out to all adjacent properties for your input. Please let me know if you have any questions. Thanks, Eric Ceja Principal Planner Ph:760.346.0611 Direct:760,776.6384 eceja@cityofpalmdesert.org From: Klassen, Rachelle Sent: Thursday, January 30, 2020 11:00 AM To:'Kevin Fahey' <faheykevin @comcast. net> Cc: c.f.fahey@comcast.net; Stendell, Ryan <rstendell@cityofpalmdesert.org>; Ceja, Eric <eceja@cityofpalmdesert.org> Subject: RE: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Yes — I believe so. Although, I have not seen any formal renderings yet. I believe it would depend upon whether or not the transaction was approved before the City developed such plans. Rachelle Klassen City Clerk Ph:760.346.0611 Direct:760.776.6304 rklassen@cityofpalmdesert.org From: Kevin Fahey fmailto:fahevkevin@comcast.netj Sent: Thursday, January 30, 202010:43 AM To: Klassen, Rachelle <rklassen@cityofpalmdesert.org> Cc: c.f.fahev@comcast.net; Stendell, Ryan <rstendell@citvofpalmdesert.org>; Ceja, Eric <eceia@citvofpalmdesert.org> Subject: Re: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Thank you Rachelle, Appreciate your quick response. We assume that with the continuance of the public hearing matter, the proposed park expansion plans are still available to be viewed at the city planner's office. Kind Regards, Kevin & Chris Sent from my iPhone On Jan 29, 2020, at 4:39 PM, <rklassen@citvofpalmdesert.orp,> <rklassen(@citvofpalmdesert.org> wrote: Dear Mr. and Mrs. Fahey: Thank you for your e-mail request. In response, the following are attached here: 1) Staff Report for the January 9, 2020, City Council Meeting — Public Hearing A — and supplemental information received after the agenda was posted. 2) Minutes of the regular January 9, 2020, Palm Desert City Council Meeting; Public Hearing A begins on page 8 of this document. Note: This Public Hearing matter was continued to the Palm Desert City Council Meeting of Thursday, February 13, 2020, at 4:00 p.m., or as soon as practicable thereafter. This completes our response to your request. If you need any further assistance, please let us know. Rachelle Klassen City Clerk Ph:760,346.0611 Direct:760.776.6304 rklassen@cityofpalmdesert.org From: Kevin Fahey [ma ilto:fahevkevin@comcast. netl Sent: Wednesday, January 29, 2020 8:14 AM To: Klassen, Rachelle <rklassen@citvofpalmdesert.org> Cc: 'Christine Fahey' <c.f.fahev@comcast.net> Subject: Record Request: Expansion of Joe Mann Park & Public Hearing of 1/9 Rachelle, My wife and I were unable to attend the public hearing on January 9" as her mom has been transitioning into a LTC facility. We have heard some varied & somewhat confusing reports from our neighbors here on Michigan Drive regarding the proposed expansion of Joe Mann Park and amendments to the Operating & Maintenance Agreement between the City and PDCC. Would you be so kind to email us the electronic records of the park expansion plans along with the minutes of the public hearing so we can separate fact from fiction? Thank you in advance, Kevin & Christine Fahey 77625 Michigan Drive Palm Desert, CA <CZ -PP -CUP 16-280 Palm Desert Country Club - PD Holdings LP (96940).pdf> <Supplmnt Info - CZ -PP -CUP 16-280 PDCC (96970).pdf> <2020 JAN 09.pdf> S m =lE uLv� P A T T O R N E Y 5 ROBERT L. PATTERSON patterson@sbemp.com Aoael mo IN CA April 19, 2018 VIA EMAIL AND MAIL Robert W. Hargreaves, City Attorney City of Palm Desert c/o Best Best & Krieger 74760 Highway 111, Suite 200 Indian Wells, CA 92210 Re: Palm Desert Country Club Dear Mr. Hargreaves: REPLY To: Palm Springs, California This letter is provided to the City of Palm Desert on behalf of our client PD Holdings, LP which owns a nine -hole golf course and an eighteen -hole golf course commonly known as the Palm Desert Country Club. PD Holdings, LP has applied for certain entitlements including Tract Maps 37240, 37241 and 37242 ("Entitlements") allowing a portion of the nine hole executive golf course to be developed as single family residential housing. You have asked for our opinion about whether there are any covenants or restrictions that would prohibit the construction of the single-family residential housing project ("Project") contemplated by the Entitlements. It is our unequivocal opinion that there are no covenants or restrictions that restrict or prohibit the entitlement and construction of the Project. Therefore, the City Council must consider the recommendation of the Planning Commission to approve the Entitlements without any reference to this potential issue. In fact the issue has been raised by members of the public who are opposed to the development strictly for political reasons. In short, the covenants are a red herring that must be disregarded. PRIVATE CC&Rs There are two sets of CC&Rs that potentially could affect the Project. However, neither one of these CC&Rs contains a restriction applicable to the area of the Project. The overall project known as Palm Desert Country Club is covered by Tract Map 33195. Tract 33195 is a remapping of two previous smaller tracts, Tract 2137 and Tract 2283. The Project is located on Lots 12, 26 and 29 of Tract 33195 (APNs 637-19-27, 637-19- SLOVAK BARON EMPEY MURPHY & PINKNEY LLP 1800 E. Tehyuitz Carryon Way 650 Town Center Drive, Suite 1400 224o Fifth Avenue 103 Carnegie Center Blvd., Suite 101 Chrysler Building Palm Springs, California 92262 Costa Mesa, California 92626 San Diego, California 92101 Princeton, New Jersey 08540 405 Lexington Avenue, 261' Floor 7 (, 60) 322-2275 - F (760) 322-2107 T (714) 435-9592 - F (714) 850-9011 T (619) 301-4540 T (609) 955-3393 - F (609) 520-8731 New York, New York 10174 T (212) 82911399 - ^ www.sbemp.com ((a 1/ Robert W. Hargreaves, Esq. April 19, 2018 Page 2 21 and 637-19-24). On April 12, 1961, a Declaration of Restrictions containing a golf course requirement was recorded as Instrument Number 31032, affecting certain Lots within Tract 2137, as amended on November 19, 2004 by Instrument Number 2004-0929679 (collectively the "2137 Declaration"). Paragraph 1 of Declaration 2137 states that it covers only lots within Tract 2137. Section 1 says that a golf course must be maintained on the property. Attached to this letter is a diagram showing the coverage of the 2137 Declaration. The 2137 Declaration covers the area commonly known as the front 9 holes of the Championship Golf Course. ("Front 9 Holes"). However, more notably. the 2137 Declaration does not cover anv part of the Proiect. On March 12, 1963, a Declaration of Restrictions was recorded as Instrument Number 24645 affecting certain lots within Tract 2283 as amended on November 19, 2004 as Instrument Number 2004-0929681 (the "2283 Declaration"). The 2283 Declaration covers the area commonly known as the "Back 9 Holes" and requires that a golf course be maintained on the subject property. While the 2283 Declaration reauires maintenance of oolf course it has expired and is no longer of anv force or effecUSee Section 2) In any event the 2283 Declaration covers only a small part of the Project as shown on the attached diagram. The 2137 Declaration does not cover the Project and the 2283 Declaration has expired. No private covenants affect, restrict or prohibit the Project. CITY OPERATION AND MAINTENANCE AGREEMENT The only other covenant that could affect the Project is the Operation and Maintenance Agreement between the City and Dahoon Investment Company, Inc. dated August 31, 2005 and recorded as Document Number 2005-0780948. This document states that so long as a golf course is maintained it will be maintained according to the standards set forth in the agreement. However. the City Covenant is clear that the owner is not mandated to operate a golf course. The standards provide that so long as a golf course is operated on the property it must be maintained in a manner consistent with the operations of an average golf course facility allowing members of the public and private members to play_ As mentioned above, there were initially two golf courses on the overall project known as Palm Desert Country Club —the Executive Course and the Championship Course. PD Holdings, however, shut down the Executive Course —the area at issue —several years ago. The Championship Course remains in operation and PD Holdings intends to continue to operate and maintain that course, The development project applies only to the former Executive Course. Therefore, PD Holdings will continue to maintain the eighteen -hole course in full compliance with the City Covenant. The language in the City Covenant states that "for so long as Owner operates a golf course on the Property, Owner agrees to operate and maintain the Property according to the standards set forth in this Agreement, as required under the Development Agreement". Nowhere does the City Covenant state that the owner must operate a golf course or golf courses on the entirety of the project. The City Covenant does not state that the owner cannot take one of the golf courses out of play because that cq, Robert W. Hargreaves, Esq. April 19, 2018 Page 3 was never the intention of the agreement. The City Covenant was entered into at a time when a concern existed because the turf and landscaping was dying and unsightly. The purpose of the City Covenant was to assure that the grass did not dry up and create an eyesore. The purpose of the City Covenant was definitely not to mandate that the property not be developed for another use such as single family residential. Had that been the intent, the City could have stated that as it its intent. Our client strongly opposes any interpretation of the City Covenant as prohibiting development of single family residential housing as this is not supported in any way by the City Covenant. In conclusion, the covenants affecting the property do not in any way restrict or prohibit our client's development. In fact the Palm Desert Country Club Association has provided its prior written support to the project as it is not inconsistent with the CC&Rs. We request that you present this letter to the City Council members so that they can make an adequately informed decision. In making their decision, the issue of the City Covenant or a private covenant prohibiting or restricting the Entitlements would not be within the reasonable discretion of the City Council. We thank you for giving us the opportunity to present this opinion and information for your review. Please feel free to contact me with any questions or if you need any further information or documents referred to in this letter. Sincerely, SBEMP LLP Robert L. Patterson enclosure �,5 I i V � Ci N w DO cN }A� 11,44 p � I � � C] 1 �.+'r�":ill �: itl¢iF• r ;yOWN ` yl lira AAtilil`i+l+i „ w'+"1118A11;� �11 to 119311ILA t O It _______ _____.. �L>`� n+�a . ..;r "� �� ►or.�J Ci 4 S O OD 1_ -a S\A Df�al- STAFF REPORT CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT DATE: January 9, 2020 PREPARED BY: Eric Ceja, Principal Planner REQUEST: Consideration for approval of a Resolution amending Condition No. 14 of Resolution 2018-16 requiring an in -lieu affordable housing fee on a development proposal at Palm Desert Country Club and an amendment to the Operation and Maintenance Agreement between the owners of Palm Desert Country Club (P❑ Holdings, LLC) and the City of Palm Desert. Recommendation 1. Waive further reading and adopt Resolution 2020- 01 , amending Condition No. 14 of Resolution 2018-16 requiring payment of an in -lieu affordable housing fee for the conversion of the former Executive Golf Course. By Minute Motion: 2. Approve an amendment to the Operation and Maintenance Agreement ("OMA") between the City of Palm Desert and PD Holdings, LLC, for the operations and maintenance of the remaining 18-hole golf course at Palm Desert Country Club. Strategic Plan The Land Use, Housing & Open Space chapter of the Strategic Plan contains the following priority: • Priority No. 5: "Utilize progressive land use policies and standards to support ongoing and future needs." Under this Priority, an "Action Step" is listed for the repurposing of the golf courses. The specific step includes all parties, residents, the developer, and the City working together for the repurposing of golf course facilities. In May 2018, the City Council approved plans for the repurposing of the Palm Desert Country Club (PDCC) Executive Course. As recommended by staff, this action will aid in accomplishing the above referenced priority. January 9, 2020 — Staff Report PDCC Executive Course Condition and Agreement Amendments Page 2 of 5 Planninq Commission The proposed amendment to the approved project conditions does not require Planning Commission review. Chapter 25-60.110 "Modifications" of the Zoning Ordinance allows for project modifications, including alteration of conditions, to be considered by the same approving authority as the original permit. Since the City Council adopted Resolution 18-16 only the City Council can amend the Resolution. Executive Summary In May 2018, the City Council adopted Resolution No. 2018-16 and Ordinance No. 1337 for the repurposing of the former PDCC Executive Course with 69 single -story condominiums. As part of that approval, the City Council directed staff to work with the property owner to amend the existing OMA to address the development proposal and to incorporate desertscape maintenance standards into the agreement. Additionally, the applicant has requested that the City amend Condition No. 14 of Resolution 2018-16, accepting a combination of Developer Impact Fees and land as open space to expand Joe Mann Park. Amended Condition No. 14 of Resolution 2018-16 On May 10, 2018, the City Council adopted Resolution 2018-16, approving the development of 69 condominiums on approximately 30 acres previously operated as a 9-hole executive golf course. As part of that Resolution, the City Council adopted a Condition of Approval (COA No. 14) requiring that: "The developer agrees to pay an in -lieu affordable housing fee not to exceed $12.50 per gross square foot of livable space per unit for the entire project. The fee shall be paid at building permit issuance on a per -unit basis." Staff has traditionally supported an "in -lieu" affordable housing fee or dedication of affordable units when developers propose a "Change of Zone" ("CZ") application. Since the time of project approval, the developer and City have been negotiating the "not to exceed" portion of the fee. The developer has stated that the fee of $12.50 a square foot makes the project financially infeasible. Given the condition of the former course, staff has been open to exploring solutions that satisfy COA No. 14 in order to improve that the conditions at the former course. In working with the Community Development Department staff, the applicant is proposing the following: 1. Prior to issuance of any grading permits, the applicant shall furnish proof that the "Declaration of Protective Restrictions (copy attached)" between the Palm Desert Country Club Homeowners' Association (HOA) and the applicant is recorded with Riverside County. If this condition is satisfied, then the following three conditions would become effective. \\srv-fil2k3\groups\Planning\Eric Cela\Case Files\Palm Desert Country Club\CC\0&M_Condition Report\CC Staff Report (1.9.20).doc January 9, 2020 — Staff Report PDCC Executive Course Condition and Agreement Amendments Page 3 of 5 2. A $5,797.10 per unit fee will be paid into the City's Park Fund 430 at the time of building permit issuance. Hence, a total payment of $400,000 will have been collected at project build -out for the specific use of constructing public facilities such as; parks, housing projects, or other public facilities. 3. Dedication of approximately 2.5 acres to the City to expand Joe Mann Park. The land is located behind Hole No. 15 and is contiguous to the park. The dedication of land to the City is conditioned to be complete prior to issuance of the 12th building permit. 4. A sales performance contribution to the City's Park Fund 430 for all homes with sales prices between $450,000 and $500,000. For unit sales in excess of $500,000 the City would not collect any additional funds from the developer. The sales performance contributions is a 50/50 split of sales price between $450,000 and $500,000. Example: for a unit sales price of $480,000 the City will collect an additional $15,000. The total sales performance contribution would not exceed an additional $400,000. The total potential contribution to the City's Park Fund 430 by the developer would not exceed $800,000. Staff is supportive of the above -noted proposal as a means to satisfy COA No. 14 of the approved project. The "not to exceed" clause of the condition was intended to allow for flexibility for the project exaction. The new proposal provides two superior options to the City: 1. A guaranteed financial contribution into the City's Park Fund 430: • Minimum not less than $400,000. • Maximum no more than $800,000. 2. Dedication of 2.5 acres of land adjoining Joe Mann Park for the park expansion. The proposed amended condition is also consistent with the City's practice of requiring exactions on Change of Zone applications. Because the Change of Zone is a discretionary approval, and it significantly increases value of the land, it is appropriate that the City ensure that there be a benefit to the public as well as to the developer. The proposal also will allow the City to accept a land dedication for park expansion in a portion of the City that has limited park space. \\srv-fil2k3\groups\Planning\Eric Cela\Case Files\Palm Desert Country Club\CC\O&M_Condition Report\CC Staff Report (1.9.20).doc C 11 January 9, 2020 — Staff Report PDCC Executive Course Condition and Agreement Amendments Page 4 of 5 Operation and Maintenance Agreement In 2005, as part of an approval to allow for new housing development within PDCC, the City Council entered into an OMA with PD Holdings, LLC. The OMA includes language that the property be maintained as a golf course, so long as it is operating as a golf course. In 2013, the 9-hole PDCC Executive Course ceased operations, and in May 2018, the City Council approved a project for the development of the former 9-hole golf course. As part of that approval, the City Council conditioned that the OMA be amended to remove the 9-hole golf course from the agreement. Additionally, the City Council directed staff to develop maintenance standards for the remaining desertscape portions within the operating golf course properties. The City Attorney's office, Community Development staff, and the applicant have agreed to the amended agreement that includes the following: Monthly removal of plant liter to maintain a clean appearance. Removal and replacement of dead landscape material within 3 months with exceptions for seasonal considerations Pest control to reduce plant susceptibility to pest problems. Staff believes that the agreement satisfies the condition of approval imposed by the City Council and provides the City, property owners, and PDCC homeowners an understanding of the maintenance expectations for the remaining golf course. Public Input Over the preceding months, the applicant met with the president of the PDCC HOA to come to an agreement on the OMA and an amended settlement agreement. The HOA President is supportive of the amended conditions and OMA subject to a requirement that the applicant furnishes proof of having recorded the amended agreements with Riverside County. Staff is recommending a condition that supports the HOA's efforts. Findinqs of Approval Findings can be made in support of the project and in accordance with the City's Municipal Code. Findings in support of this project are contained in the City Council Resolution attached to this staff report. \\srv-til2k3\groups\Planning\Eric Ceta\Case Files\Palm Desert Country Club\CC\OSM_Condition Report\CC Staff Report (1.9.20).doc O January 9, 2020 — Staff Report PDCC Executive Course Condition and Agreement Amendments Page 5 of 5 Fiscal Analvsis There is no financial impact or public funding associated with this project. LEGAL REVIEW DEPT. REVIEW Robert W. Hargre es Ryan Stendell City Attorney Dir. of Community Deyelepment City Manager, Lauri Aylaian: Applicant: PD Holdings, LP 77-200 California Drive Palm Desert, CA 92211 FINANCIAL REVIEW a t Moore Director of Finance ASSISTANT CITY MANAGER Andy Firestine Assistant City Manager ATTACHMENTS: 1. Draft Resolution 2020- 01 2. Amended Operations and Maintenance Agreement 3. Map of 2.5-acre Parcel Adjacent to Joe Mann Park 4. Copy of Legal Notice 5. Copy of Declaration of Protective Restrictions Dated November 2017 \\srv-fil2k3\groups\Planning\Eric Cela\Case Files\Palm Desert Country Club\CC\O&M_Condition Report\CC Staff Report (1.9.20).doc CITY COUNCIL RESOLUTION NO. 2020-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CONDITION OF APPROVAL NO. 14 OF RESOLUTION 2018-16 FOR THE REPURPOSING OF THE FORMER PALM DESERT COUNTRY CLUB EXECUTIVE COURSE TO ESTABLISH 69 CONDOMINIUM UNITS ON APPROXIMATELY 30 ACRES LOCATED WITHIN PALM DESERT COUNTRY CLUB CASE NOS: PP/CUP/EA 16-280 WHEREAS, on the 101h day of May, 2018, the City Council of the City of Palm Desert adopted Resolution 2018-16 approving the development of 30 acres at Palm Desert Country Club previously occupied by the Executive Golf Course; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 9tn day of January 2020, hold a duly noticed public hearing to consider the request by PD Holdings, LLC, to amend Condition No. 14 of Resolution 2018-16 replacing the previous condition requiring a $12.50 in -lieu affordable housing fee with new conditions requiring payment of Impact Fees and land dedication for the expansion of Joe Mann Park; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2019-41, in that the Director of Community Development has determined that amendments to the approved conditions are not a project subject to the California Environmental Quality Act; and WHEREAS, on the 9th day of January 2020, the City Council, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the amended condition is consistent with the goals and polices of the General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby resolve and replace Condition No. 14 of Resolution 2018-16 for PP/CUP/EA 16-280, subject to conditions. CITY COUNCIL RESOLUTION NO. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 9th day of January 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GINA NESTANDE, MAYOR 2 --z2) CITY COUNCIL RESOLUTION NO. CONDITIONS OF APPROVAL CASE NOS. PP/CUP/EA 16-280 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. All conditions of approval listed in Resolution 2018-16 remain in effect with the exception of Condition of Approval No. 14 which is replaced by the following conditions. 3. The applicant shall record the Declaration of Protective Restrictions dated November 2017, as agreed upon with the Palm Desert Country Club Homeowners Association. After providing evidence of said Declaration to the satisfaction of the City's Director of Community Development the following conditions shall become effective: A. The applicant shall submit a Parcel Map Waiver (PMW) application to the City's Community Development Department to establish a 2.5-acre parcel at the eastern end of Hole #15 and adjacent to Joe Mann Park, as shown in Exhibit A of this Resolution. The applicant shall deed this parcel to the City of Palm Desert with the intent for the City to expand Joe Mann Park improvements into the 2.5-acre parcel. All park improvements shall be borne by the City. The PMW shall be submitted prior to issuance of any building permits for the project and recorded and deeded to the City prior to issuance of 12th building permit. B. The applicant agrees to make a one-time payment of $400,000 to the City's Park Fund 430. This fee shall be collected on a per unit basis, at a rate of $5,797.10 per unit, prior to building permit issuance. C. The developer shall provide all Real Estate Sales Agreements to the City's Community Development Department upon sale of each dwelling unit. These Agreements shall be submitted no later than the 28th day of each month until sale of the final unit. For all dwelling unit sales between $450,000 and $500,000 the developer agrees to a 50/50 split of the sales between the amounts specified above with the City. These funds shall be deposited into the City's Park Fund 430. The developer shall split the sales until an additional $400,000 has been collected by the City. 3 ^ I� RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: Lauri Aylaian Tele: (760) 346-0611 Fax: (760) 776-6417 FIRST AMENDEMNT TO OPERATION AND MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO OPERATION AND MAINTENANCE AGREEMENT ("Agreement") is dated as of September _, 2019 by and between the City of Palm Desert, a California municipal corporation ("City") and PD Holdings, L.P., a California limited partnership ("Owner"). The City and Owner are sometimes referred to in this Agreement, each individually, as a "Party," or collectively, as the "Parties." RECITALS A. The City and Dohoon Investment Company, Inc., a California corporation, entered into that certain OPERATION AND MAINTENANCE AGREEMENT ("Agreement") dated August 31, 2005, recorded with the Riverside County Recorder's office on September 21 2005 as Document number 2005-0780948 with respect to the "Property" described in therein. B. Owner holds an interest in the Property described in the Agreement and is subject to the Agreement. C. The part of the Property held by Owner is described in Exhibit "A" and is referred to herein as the "Property". D. The Property is improved with certain improvements, including, but not limited to, an eighteen (18) hole golf course and a nine (9) hole executive course (collectively "Golf Course). E. Owner is entitling the part of the Property made up of the nine (9) hole executive course as 69 condominium units (the "Project") as described in Exhibit `B" attached hereto. The remainder of the Property (the "Eighteen Hole Golf Course") is described in Exhibit "C". F. The parties wish to amend the Agreement to provide that it shall not encumber the Project, to provide clarification regarding the covenants to maintain the � J golf course, and to add a covenant concerning maintenance of desert landscaping on the remaining parts of the Golf Course. NOW, THEREFORE, for good and valuable consideration and the mutual promises and covenants of the Parties set forth in this Agreement the Owner and the City agree as follows: AMENDMENT 1. Section 2.1 of the Agreement is hereby amended to read as follows: "2.1 Operation and Use of Property by Owner: Owner intends to operate, or cause to be operated, upon the Property, a semi -private golf course facility in accordance with this Agreement in a prudent businesslike manner consistent with the operations of'an average semi -private golf course facility allowing use by both members of the public and private members, in the Palm Desert area, and consistent and in compliance with all applicable provisions of federal, state and local laws and regulations. In addition to the forgoing, it is agreed than any portion of such golf course landscaped with drought tolerant landscaping shall be maintained at all times in accordance with the City standards attached hereto as Exhibit "D":, Notwithstanding the.forgoing, should Owner cease operating a golf* course on any portion of the Property, the forgoing covenant regarding maintenance of a golf course will no longer apply to such portion of the Property no longer used as a golf course. " 2. A new Section 2.4 is added to the Agreement to read as follows: "2.4 Release of Covenant from Executive Course. The Project as described in Exhibit `B" is hereby released from, and shall no longer be subject to, the covenants conditions and restrictions contained in the Agreement, as amended by this Amendment. The covenants conditions and restrictions of the Agreement henceforth shall encumber only the Eighteen Hole Golf Course, Exhibit 'V : The City and Owner shall cooperate with one another to execute and record such documents as requested by the other to implement and carry out the provisions of this Section 2.4 releasing and termination the Agreement, as amended, from the Project as described in Exhibit `B':" The recitals to this Amendment are hereby incorporated herein and made a part hereof by this reference. This Amendment may be executed in two (2) or more counterparts, each of which shall be an original, and all of which together shall constitute a single instrument. All other provisions of the Agreement not specifically amended as provided herein shall remain in full force and effect. [.signatures on following page — balance of page blank] 72500.00858\32114933.1 DRAFT 6/11/19 IN WITNESS WHEREOF, Owner and the City hereby execute this Agreement by the signatures of their authorized representatives, as follows: "OWNER" PD HOLDINGS, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Name: Its: "CITY" CITY OF PALM DESERT By: Its: 72500.00858\32114933.1 DRAFT 6/11/19 Exhibit "A" (Attach Legal Description of Property) 72500.00858\32114933.1 DRAFT 6/11/19 �� EXHIBIT A PARCEL I: LOT A OF TRACT 3860 AS SHOWN BY MAP ON FILE IN BOOK 60, PAM SS THROUG8 51 INCLUSIVE OF MAPS, RIVERSIDE COUNTY RBCOFDS, PARCEL 2: LOTS A AND B OF TRACT 4079 AS SHOWN BY MJP ON FILE IN BOOK 66, PAGES 67 THROUGH 69 INCLUSIVE OF MAPS, RIVERSIDE COUlRY RECORDS. PARCEL 3: LOTS 72, 73, 261 AND 405 OF TRACT 2137, PS SHOWN BY MAP ON FILE IN BOOK 41, PAGES 29 THROUGH 36 INCLUSIVE OF NAPS, RIVERSIDE COUNTY RECORDS. PARCEL 4: LOT 299 OF TRACT 2137, AS SHOWN BY MAP % FILE IN BOOK 41, PAGES 29 TH=GH 36 INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECOPPS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH54EST CORNER OF LOT 262 OF SAID TRACT 3137; THENCE NORTH 04 8' 100 BAST AloONG THE WEST LINZ OF SAID LOT 262, 70 FEST TO THE MOST NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 45. 0' 311, NEST, 40 FEET; THENCI SOUTH 33. 59' BUT. 50.32 FEET, TIC THE POINT OF BEGINNING. PARCEL 5s LOT 453 OF TRACT 2237. AS SHOWN BY MAP ON FILE IN BOOK 41, PAGES 29 THROUGH 36, INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORM:R OF LOT 4S4 OF SAID TRACT 2137; THENCE ALONG THE LASTLRLY LINE OF SAID LOT 454, SOUTH 36. 21' 150 EAST, 101.37 FEET TO THE SOUTHWASTERLY CORNER OF SAID LOT 454; THENCE NORTH 43. 10' 31" RAFT, A DISTANCE OF 2 FEET TO A POINT; THENCE NORTHWESTERLY IN A DIRECT LINE, TO TM POINT OF SZOINNiNG. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 392, AS SHOWN BY SAID MAP; THENCE NORTH 80. 30' 14" EAST, 102.80 nEl' ON THE SOUTHERLY LINE OF SAID LOT TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 33' 04' 56' WEST, 15 FEET ON TR'8 SOUTHWESTERLY EXTENSION Of THE SOUTHEASTERLY LING OF SAID LOT: THE24CE NORTHWESTERLY, IN A DIRECT LINE, T7 THE POINT OF BEGINNING. PARCEL 6. LOTS 3, 5, 6, 7 AND 466 OF TRACT 2203 AS SHOWN BY MAP ON FILE IN BOOK 42, PAGES 62 THROUGH 89 INCLUS M OF MAPS, R16USIUS COUNTY RECORDS. 72500.00858\32114933.1 DRAFT 6/11/19 EXHIBIT A PARCEL 1i IA: A OF TRACT 3860 AS SHOWN BY MAP Oa EILC M BOOK 60, PA= 55 2TM]1MM 57 INCLUSIVE OF NAPS, RIVERSIDE COONIY RBCOPDS. PARCEL 3- LOTS A AND 8 OF T7-3 T 4079 AS Sam BY NMF ON FILE IN HOOK 66, PAGES 67 THROUGH 69 MCLUSIVE OF ?WS, RIVERSIDE CMTT'Y RECORDS. PARCEL 3: LOTS 12, 73, 261 AND 405 OF TRACT 2137, PS SFMM BY MAP ON PILZ IN BOOK 41, PAGES 29 TWWUGII 36 INCLUSIVE of MAPS, RIVB3tSID6 COVWrY RECORDS. PARCEL 4: LOT 199 OF TRACT 2117, AS SHOWN BY MM CAS FILE IMC BOOK 41, PA=S 29 TBRGl30Ii 36 INCLUSIVE OF KAPS, RIVERSIDE COEWff RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS POLUMSi SZOINNINO Ar T8E SOUTZWEST CORNER OF LOT 262 OF SAID TRACE' 2117, TRUCE NORTH 00 8` 10' UST AIANS7 THE NEST LING OF SAID LOT 262, 74 FEET TO :TE MST MORTWESTBALY CORNER THMOF; THENCE SOUTH 45• 0' 31" WEST, 40 FIST; TRUCE SOUTH 330 59' EAST, $0.33 FEET, TO TRZ POLK OF 03011MUG. PARCEL S, LOT 451 OF TRACT 2137, AS SHOW BY MAP ON FILB 1N BOOR 41, PAGES 29 THROUGH 36, IIMCLIJ9IVE OF MAPS, RIVERSIDE COLwN ACCORDS, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BRGINNIN;. AT THE NORTHEAST CORNER OF LOT 454 OF SAID TRACT 2131; THENCE ALONG THE M AT=LY Lln OF SAID LOT 454, SOUTK 36' 21' 1 S • RIL9T, 201.37 FEET TO MR SOUTHEASTERLY Comm OF SAID LOT 454; THZH= NORTH{ 430 10' 31• EAST, A DISTANCE OF 2 F>:8'T TO A POINri THENCE NORTHWZSTYRLY IN A DIRECT LINE, TC THE POIITT OF BEGINNPING. AL9C EXCEPTING THEREFROM 7KA7 PORTION P1917RIBMA AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF GOT 392, AS SHOWN BY SAID NAP; TRUCE NORTH 000 30' 141 )EAST, 102.60 FEEL' ON TER SOUTHERLY LINE OF WD LOT TO THE 804TTMEAST CORKER :BBRBOF; THENCE SOUTH 330 04' 58' WEST, 15 TBET ON THE SOUTHWESTERLY B'XTENSZON OF THU SOITTHEASTEALY LINE OF SAID LOT; THUXE NORTHWISTERLY, IN A DIRECT LINE, TD THY POINT OF BBOUM1140. PARCEL 6: LOTS 3, 5, 6, 7 AND 445 OF TRACT 2283 AS SHOWN BY MAP ON PILE Ill BOOK 42, PAGES 82 THWJGH 89 INCLUSIVE OF WS, RI'v'EASIDB COUNTY RECORDS. -?o EXHIBIT "B" (DESCRIPTION OF PROJECT) The project is located on three separate parcels consisting of 30 acres formerly used as the Palm Desert Country Club Executive Course (Executive Course). Parcel A consists of 13.5 acres and is bounded by Oklahoma Drive (Oklahoma), Kentucky Avenue (Kentucky), California Drive (California), and Tennessee Avenue (Tennessee.) Parcel B consists of 6.15 acres and is bounded by California, Kentucky, and Tennessee. Parcel C consists of 9.7 acres and is bounded by Tennessee, Utah Circle (Utah), Indiana Avenue (Indiana), California, and New Mexico Drive (New Mexico). Parcel A (13.5 acres) is to be graded to accommodate 32 single -story condominium units and two private streets that connect to Kentucky Avenue to the south and Tennessee Avenue to the north. Parcel B (6.15 acres) is to be graded to accommodate 19 single -story condominium units and one private street that connect to Kentucky Avenue. Parcel C (9.7 acres) is to be graded to accommodate 18 single -story condominium units and one private street that connects to Tennessee Avenue. EXHIBIT C (Legal Description of Eighteen Hole Golf Course) The land referred to herein is situated in the State of California, County of Riverside, City of Palm Desert and described as follows: Lots 1, 2, 4, 7, 9, 13, 14, 18, 20 and 22 of Tract No. 33195, in the City of Palm Desert, County of Riverside, State of California, as per Map recorded in Book 399, Page 59 through 75, inclusive of Maps, in the office of the County Recorder of said County. Except therefrom a portion of Lot 4 of Tract No. 33195 more particularly described as follows: Beginning at the Northwesterly corner of Lot 38 of Tract No. 31836-1, in the City of Palm Desert, County of Riverside, State of California, as per Map recorded in Book 406, Page 59 through 67 inclusive of Maps, in the office of the County Recorder of said County; thence, South 84"50'53" East along the North line of said Lot 38, a distance of 75.14 feet to the Northeast corner of said lot, said point being on curve concave Easterly having a radius of 530.00 feet, the center of said curve bears South 84°50'53" East from said point; thence, Northerly along the are of said curve 6.00 feet through a central angle of 00°38'56" to a point; thence, Traversing the interior of said Lot 4, radial to last said curve, North 84' 1 1'57" West a distance of 75.37 feet to a point on the West line of said Lot 38 produced Northerly ; thence, Along said West line of said Lot 38 produced Northerly South 03°31'36" West a distance of 6.86 feet to the point of beginning, as shown and described in the Certificate of Compliance (Waiver of Parcel Map PMW 06-08), recorded February 26, 2007, as Document No. 2007-132134 of Official Records . APN: 637-020-006, 637-020-010, 637-020-01 1,637-020-015, 637-020-017, 637-020-019, 637-081- 020, 637-190-010, 637-190-011, 637-190-0 l 6, 637-190-033 (End of Legal Description) 72500.00858\32114933.1 DRAFT 6/11/19 �� EXHIBIT "D" (DROUGHT TOLERANT LANDSCAPE STANDARDS) Drought Tolerant Landscape Standards Design Criteria — All drought tolerant landscape shall incorporate design elements as specified in the City of Palm Desert's "Desert Landscape Design Principals. " Drought tolerant landscape shall also be maintained in accordance with the standards listed below. Maintenance Standards — All drought tolerant landscape shall be maintained to minimum standards specific in this agreement and in Section 8.70.190 of the Palm Desert Municipal Code. In addition, maintenance of drought tolerant landscape shall including, but not limited to, the following: - Native exposed soils is prohibited unless approved by the City's Planning and Landscape Divisions. Native soils should be covered with a minimum of 2/3" minus decomposed granite (DG). DG should be raked monthly to remove plant litter and to maintain a clean appearance. Plant litter to be removed a minimum of twice a month to maintain a clean and aesthetically pleasing appearance. - Pruning of trees and shrubs to be performed as needed for safety purposes. They should be pruned monthly, as needed, for sustained and healthy growth. - Pest control to reduce plant susceptibility to pest problems. Removal of weak limb and stem attachments. - Removal and replacement of all dead landscape material, including tree stumps. Plant replacement should occur within 3-months of plant removal, with exceptions granted based on seasonal considerations. 72500.00858\32114933.1 DRAFT 6/11/19 ACKNOWLEDGMENT OF NOTARY PUBLIC 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. State of California ) ) SS. County of Riverside ) On before me, , Notary Public, personally appeared 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 Notary Public (Seal) 72500.00858\32114933.1 DRAFT 6/11/19 ACKNOWLEDGMENT OF NOTARY PUBLIC 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. State of California ) ) SS. County of Riverside ) On before me, , Notary Public, personally appeared 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 Notary Public (Seal) 72500.00858\32114933.1 DRAFT 6/11/19 3 0 W 01 0 v 0 0 00 n n X m W m 0 1 m z n r C. 0 m n z z m x z cn 0 z CITY OF PALM DESERT LEGAL NOTICE CASE NO. CZ/PP/CUP 16-280 NOTICE OF A PUBLIC HEARING BEFORE THE PALM DESERT CITY COUNCIL TO CONSIDER A REQUEST BY PD HOLDINGS, LP TO AMEND CONDITION OF APPROVAL NO. 14 OF RESOLUTION 2018-16, REQUIRING AN IN -LIEU AFFORDABLE HOUSING FEE ON A DEVELOPMENT PROPOSAL AT PALM DESERT COUNTRY CLUB AND AN AMENDMENT TO THE OPERATION AND MAINTENANCE AGREEMENT BETWEEN THE OWNERS OF PALM DESERT COUNTRY CLUB AND THE CITY OF PALM DESERT (APNs 637-190-021, 637-190- 024, AND 637-190-027) The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), has reviewed and considered the proposed amendments to the approved conditions of approval and has determined that the proposed amendments do not warrant any additional environmental analysis under CEQA. Project Location/Description: Proiect Location: 77-200 California Drive, APNs: 637-190-021, 637-190-024, and 637-190-027 Proiect Description: In May 2018, the City Council adopted Resolution No. 18-16 and Ordinance No. 1337 for the repurposing of the former Palm Desert Country Club Executive Course with 69 single -story condominiums. As part of that approval, the City Council directed staff to work with the property owner to amend the existing Operations and Maintenance Agreement to address the development proposal and to incorporate desertscape maintenance standards into the agreement. Additionally, the applicant has requested to amend Condition No. 14 of Resolution 2018-16, rescinding the condition requiring payment of an in -lieu affordable housing fee and instead of accepting a combination of Developer Impact Fees and land as open space to expand Joe Mann Park. Recommendation: Staff is recommending that the City Council adopt a resolution amending Condition of Approval No. 14 of Resolution 2018-16 and recommends that the City Council approve amendments to the Operation and Maintenance Agreement between the owners of Palm Desert Country Club and the City of Palm Desert. Public Hearing: The public hearing will be held before the City Council on January 9, 2020, at 4:00 p.m. in the Council Chamber of the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California. Public Review: The draft resolution, amended conditions, and the amended Operations and Maintenance Agreement are available for public review Monday through Friday from 8:00 a.m. to 5:00 p.m. at City Hall. Please submit written comments to the Planning Department. If any group challenges the action in court, the issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. All comments and questions direct to: Eric Ceja, Principal Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 384 eceja@cityofpalmdesert.org PUBLISH: DESERT SUN RACHELLE D. KLASSEN, CITY CLERK DECEMBER 27, 2019 CITY OF PALM DESERT, CALIFORNIA RECORDING REQUESTED BY: Palm Desert Country Club Association AND WHEN RECORDED MAIL TO: Wayne S. Guralnick, Esq. Guralnick, Gilliland & Knighten 40-004 Cook Street, Suite 3 Palm Desert, CA 92211 THIS SPACE FOR RECORDER'S USE ONLY DECLARATION OF PROTECTIVE RESTRICTIONS ('NEW DECLARATION") [Cover Page] 12 MILAM DECLARATION OF PROTECTIVE RESTRICTIONS ("NEW DECLARATION") November 2017 IF THIS DOCUMENT CONTAINS ANY RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, GENETIC INFORMATION, NATIONAL ORIGIN, SOURCE OF INCOME AS DEFINED IN SUBDIVISION (p) OF SECTION 12955, OR ANCESTRY, THAT RESTRICTION VIOLATES STATE AND FEDERAL FAIR HOUSING LAWS AND IS VOID, AND MAY BE REMOVED PURSUANT TO SECTION 12956.2 OF THE GOVERNMENT CODE. LAWFUL RESTRICTIONS UNDER STATE AND FEDERAL LAW ON THE AGE OF OCCUPANTS IN SENIOR HOUSING OR HOUSING FOR OLDER PERSONS SHALL NOT BE CONSTRUED AS RESTRICTIONS BASED ON FAMILIAL STATUS. 13 DECLARATION OF PROTECTIVE RESTRICTIONS THIS DECLARATION OF PROTECTIVE RESTRICTIONS ("New Declaration") is made this November 3, 2017 ("Effective Date"), by PD Holdings, LP ("Declarant") the Owner of the real property legally described in Exhibit 1, attached hereto and made a part hereof by this reference ("Subject Property") and Palm Desert Country Club Association, a California non-profit mutual benefit corporation ("Association"), with reference to the following recital: RECITAL WHEREAS, Declarant and Palm Desert Country Club Association, a California non-profit mutual benefit corporation, ("Association") have entered into an agreement, which as part of the terms, the Declarant agreed to record this New Declaration to protect the interests of the Association and all Owners of Residential Lots contained within Tract Map No. 2283 recorded on March 12, 1963 as Instrument No. *24645 ('Tract 2283") that are adjacent to the Subject Property ('Tract 2283 Owners"). COVENANTS, CONDITIONS AND RESTRICTIONS Now, therefore, the parties hereto covenant and agree as follows: 1. RESTRICTIVE COVENANT. The Subject Property shall be used solely for the purpose of maintaining a golf course and such Improvements reasonably related thereto. No structures shall be permitted thereon except clubhouses, pro shops, equipment storage shacks, wells, pumps and other improvements reasonably related to the operation of a golf course ("Restrictive Covenant"). 2. ASSIGNMENT. The parties to this New Declaration hereby warrant and represent that the parties have not heretofore assigned or transferred, or purported to have assigned or transferred to any person whomsoever, any matter, including claims, released or covered by this New Declaration or any part or portion thereof. Further, the parties hereto agree to indemnify and hold harmless the parties hereto from any claims resulting from any person or entity asserting any such claim pursuant to any such assignment or transfer by the indemnifying party. 3. NON -WAIVER OF CONDITIONS. No delay, omission or neglect by any party In exercising any right or power accruing upon the non-compliance or failure of performance by any party under the provisions of this New Dedaration shall impair any such right or power or be construed to be a waiver thereof. The waiver by any party of the performance of any covenants, agreement, condition or restriction contained herein shall not invalidate this New Declaration or be deemed to constitute a waiver of any other covenant, agreement, condition or restriction contained herein. The waiver by any party of the time for performing any act hereunder shall not constitute a waiver of the right to acquire the timely performance of any identical act or the 14 performance of any other covenant, condition or agreement required to be performed hereunder at a later date. 4. AUTHORIZATION. Each party hereto represents and warrants that It has all necessary and appropriate authority to enter into this New Declaration, and that each person executing this New Declaration on such party's behalf has been empowered and authorized to do so pursuant to appropriate authorization. The parties hereto covenant, understand and agree that the Association shall have standing to sue to enforce the terms of this New Declaration for the benefit of the Tract 2283 Owners. 5. GOVERNING LAW. This New Declaration shall be governed by, and construed and enforced in accordance with, the laws of the State of California, with venue in Riverside County and no other county. 6. AMENDMENT. This New Declaration can be amended but only with the written consent and approval of both the Owner of the Subject Property as well as the Association. An amendment becomes effective only after the written document has been executed by both parties, properly notarized and recorded in Riverside County. 7. RUNNING WITH THE LAND. Dedarant hereby declares that all of the Subject Property is and shall continue to be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied, and improved subject to the Restrictive Covenant contained in this New Declaration, and as may be amended from time to time, all of which are declared and agreed to be in furtherance of a plan established for the purpose of enhancing and perfecting the value, desirability, and attractiveness of the Subject Properly and the Tract 2283 Lots. All provisions of this New Declaration shall constitute covenants running with the land and enforceable equitable servitudes upon the Subject Property, and shall be binding on and for the benefit of all of the Lots within Tract 2283 and the Association that represents such Tract 2283 Lot Owners and all parties having or acquiring any right, title, or interest in all or any part of Tract 2283 Lots, including the heirs, executors, administrators, and assigns of these parties and all subsequent Owners and lessees of all or any part of the Tract 2283 Lots. S. TERM. The provisions of this New Declaration shall continue in effect for a term of fifty (50) years from the date of execution. Thereafter, it shall be automatically extended for successive periods of ten (10) years, unless the parties mutually decide to terminate it. 9. BINDING EFFECT. The terms, conditions and agreements herein contained shall be kept and performed by the respective parties hereto and will be binding upon them and each of their successors and assigns. 10. NOTICES. Any notice required or permitted to be given under this New Declaration or other communications between the parties to this New Declaration shall be in writing, delivered in person, by a recognized private courier company or by United States mail, registered or certified mail, postage prepaid, return receipt requested. For purposes of the New Declaration, notices shall be deemed to have been 'ylven"or "de wred'upon personal delivery thereof or forty-eight (48) hours after having been deposited in the United States mail as provided herein. Notice shall be given at the following locations: 15 9 DECLARANT PD HOLDINGS, LP 77-200 California Drive Palm Desert, CA 92211 ASSOCIATION Board of Directors PALM DESERT COUNTRY CLUB ASSOCIATION 77-800 California Drive Palm Desert, CA 92211 with copy to: Wayne Guralnick, Esq. GURALNICK, GILLILAND & KNIGHTEN 40004 Cook Street, Suite 3 Palm Desert, CA 92211 11. SEVERABILITY. If any term, provision, condition or covenants of this New Declaration or its application to any parry or circumstance shall be held, to any extent, invalid or unenforceable, the remainder of this New Declaration, or the application of the terms, provisions, conditions or covenants to persons or circumstances other than those to whom or for which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 12. CONSTRUCTION. This New Declaration shall not be construed against the party preparing it but shall be construed as if both parties prepared this New Declaration and in accordance with the laws of the State of California. The captions and headings of the paragraphs of this New Declaration are for convenience of reference only, and shall not be deemed to define or limit the provision hereof. 13. ATTORNEY'S FEES. In the event that any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach of this New Declaration, or arising out of a breach of this New Declaration, the prevailing party shall recover all of such party's attorneys' fees incurred in each and every such action, suit or other proceeding, including any and all appeals or petitions. 14. INTERPRETATION. The provisions of this New Declaration shall be liberally construed and interpreted to effectuate its purpose. Failure to enforce any provision of this New Declaration shall not constitute a waiver of the right to enforce that provision or any other provision of this New Declaration. 15. COUNTERPARTS. This New Declaration may be executed in two or more counterparts; each counterpart shall be deemed an original instrument as against the party who signed it. 16. SETTLEMENT AGREEMENT. The effectiveness of this New Declaration is conditioned upon satisfaction of the condition precedent that the Golf Course Owner obtains Entitlements as provided in Paragraph 3 of that certain Settlement Agreement by and between the Golf Course Owner and the Association with an effective date of November 3, 2017. 16 IN WITNESS WHEREOF, the undersigned have executed this New Declaration this 3r1, day of November, 2017. ASSOCIATION PALM DESERT COUNTRY CLUB ASSOCIATION A ProfitAf&d" /fierM tC 1P"ffw Date: November 3 Y 2017 B : //7'&', ,' Ron Crisp, President 0 Date: November 3, 2017 By:�m�C'1���i� Josanne Smith, Vice President DECLARANT PD HOLDINGS, LP, A Callfornla llmlted partnership Date: November 3, 2017 By: PD Holdings, Inc., a California corporation, its General Partner By: Wilf Weinkauf, Authorized ent COPY 17 92) January 5, 2020 Palm Desert City Council: Gina Nestande, Mayor Kathleen Kelly, Mayor Pro Tern Jan Harnik, Council Member Sabby Jonathan, Council Member Susan Marie Weber, Council Member �ECEIVLE' LI ri .{ CLERK'S OFF ICE H DES;:; 1, 2020 JAN -6 4u g: 40 Subject: City Council Meeting, January 9, 2020 Agenda Item 17-A Public Hearing I have reviewed with interest the Staff Report of January 9, 2020 recommending an amendment to Article 14 Resolution 2018-16 and the revised OMA for the 18 hole course. A "Date Certain" for the completion of repurposing the former Executive Course is noticeably lacking. The new OMA between P.D. Holding, LLC and the City of Palm Desert only indirectly affects the construction of 69 condo units; however the City' s "Desert Landscape design principals" section 8.70.190 of the Palm Desert Municipal Code is applicable. The request by P.D. Holding, LLC to revise their article 14 Resolution 2018-16 due to "In -feasibility of the project" appears to be ineffective "due diligence" and inaccurate cost estimation: Not a reasonable reason for change; however it provides the City an excellent opportunity to establish a "Date Certain" for completion of this project and provides owners of property abutting the former executive course "A light at the end of the tunnel" for relief of mental, emotional and physical stress as well as loss of property value for the past seven (7) years, (2013-2020). The staff recommendation amending Article 14 to replace the $12.50 per sq. foot "in -lieu of affordable housing fee" with a $5,797.10 per unit "developer impact fee" awards P.D. Holdings appropriately $1 million in cost reduction for the project ($17,500.00 per unit vs. $5,797.10 per unit. The 2.5 acres of vacant land for the expansion of Joe Mann Park has an approximate accessed value of $230.00 (average accessed value of 3 adjacent parcels $91.73 per acre) and is located behind hole number 4 not hole number 15 as shown in the staff report. The additional $400,000.00 ($450,000.00 to $500,000.00) sales incentive bonus for condos is unrealistic in an area where single family, 3bdrms, 2 baths homes many with swimming pools regularly sell for less than $400,000.00 (2 recent sales $355,000.00 and $360,000.00). Staff recommendation is therefore NOT AN EQUITABLE "QUID PRO QUO" arrangement for the City of Palm Desert taxpayers. A request for a change to an agreed condition normally requires the requesting party to provide a equitable alternative to the request. An appropriate alternative in this instance would be a "COMPLETION BOND" in the amount of $20 million dollars with P.D. Holdings, LLC, their successor or assign "Principal" and the City of Palm Desert "Obligee" having a forfeiture date of May 1, 2022 if the entire project is not completed: Landscape, recreation amenities, infrastructure and 69 condo units certified for immediate occupancy. The implementation of this requirement would provide the City, adjacent property owners and the entire Palm Desert Community to finally end an undesirable, unsightly 7 year condition in a less than timely manner (May 2013-May 2022). Thank you for your consideration of these suggestions. Jack L. Forney 76831 Kentucky Ave. Palm Desert, Ca. 92211 P.S. I will be unable to attend the January 9, 2020 Public Hearing, but would appreciate my comments to be included in the hearing minutes. cc. Eric Ceja, Principal Planner 95 CIT Y CLEP SAD FICE PALM DESER . CA TO: PALM DESERT CITY COUNCIL. 2329 jAN .7 PM 1: 40 PLEASE READ THE ATTACHED. PLEASE CONSIDER THE FOLLOWING : 1.We are asking for a completion bond, A STARTING DATE AND ENDING DATE. 2.We are asking that the project complies with California Real Estate Laws 3. We are asking that our 9 hole defunct golf Course be maintained free of weeds, dead trees, ants and watered before it is mowed. When their HOA HAS FORMED THEY CAN BE RESPONSIBLE. By tht time it should be desert landscaping. Sincer ly, Barbara Powers Secretary of OPEN SPACE ACTION COMMITTEE RECEIVC- CIT f CLERX, J FfCF f'AIHf)E 1-7-2020 TO; Gina Nestande, Mayor Kathleen Kelly, Mayor Pro Tern Jan Harnik, Council Member Sabby Jonathan, Council Member FROM; Barbara Powers, OPEN SPACR ACTION COMMITTEE SUBJECT; Consideration for approval of a Resolution amending Condition No. 14 of Resolution 2018-16 requiring an in -lieu affordable housing fee on a development proposal at Palm Desert Country Club and an amendment to the Operation and Maintenance Agreement between the owners of Palm Desert Country Club (PD HOLDINGS,LLC) and the City of Palm Desert. On the Council's agenda for approval 1-9-2020. Why are you even hold a public meeting for this subject.? Surely you have made up your mind. Why I am I saying this? ON 12-31 2019 while attending a New Years eve Dinner qt Palm Desert Country Club, our group observed a new sign posted On the wall at the entry of Palm Desert County Club 9 _� COMING SOON AND THE PLANS FOR THE 69 HOMES THAT WERE APPROVED BY THE CITY COUNCIL. SEE ATTACHED. It appears that you have already told PD Holdings this is a done deal. i�v,i v4�c. kovti.eg --• 44v SO- t-%iQgt Wev z THiEVILLA,. SA__ ELM DESERT ears Coe �. Teen ati Tyr ENT27 klixCC cam Pry L-VK LIP -se r r (2 cu �, -cy �i u P . Q Pik ►7 P,L� G �CO'SeC-T r'T 0r Le L- t kpr6,Vti) sevT- 3- S-f" tZP<,ry e, -A-In� In20.rit cfoft;c) i 5 s eke l v ('e � 40� I- � zazw . i.g)6cs t:ke a jo►ve Lea(. w'+'ko,�4 T os3 L " t ik ('+ . I NOW : Check out the Palm Desert Country Club Web Site, under News I have enclosed a print out. They are taking names of people interested in obtaining information about the condo;s. (oC) 1/7/2020 Real Estate I Monark Group Palm Desert Country Club Proudly maintaining its status as one of the best golf courses in the Coachella Valley, Palm Desert Country Club offers a world class golfing and dining experience. This full 18-hole course features stunning views and beautiful landscaping. Visiting Palm Desert Country Club leaves no wonder why it has been nominated for Best Public Course in the Valley by Coachella Valley Weekly. Coming soon is a new condominium development consisting of 69 units. Situated on 30 acres of land, the new development will integrate outdoor living with a single floor plan featuring a private patio in the front and back. Amenities will include three community pools / spa, pathways throughout the property, as well as tennis and pickleball courts. https://www.monark.com/real-estate/ ( 5/15 New Rancher Homes Development Among Best of Palm Desert Homes for Sale We are compiling a list of those who are interested in owning. Please email dianna.t@oalmdesertgolf.com with questions or interest in the project. Among the many benefits of living in the beautiful region that is the Coachella Valley is the variety of different active lifestyle choices residents have here. Most days are sunny and warm in this part of the State, and that means people who live here take nearly every opportunity to be outdoors and enjoying themselves. Prospective homebuyers interested in the Coachella Valley area that are looking to purchase a rancher home located on a good Palm Desert golf course are in the right place. Interest in Palm Desert Homes for Sale continues to grow each year, and these types of single -level homes are always popular with older homebuyers who recognize the benefits of them. This will apply to anyone interested in similar Indian Wells homes for sale as well, and the proximity of the two communities will almost always lead genuinely interested buyers to be flexible based on finding a property that truly works best for them. Quality Rancher Homes in Palm Desert This development of Palm Desert homes for sale here at Palm Desert Golf and Country Club will feature 69 rancher homes that are 1,432 square feet in size and available in clusters of one, two, and three unit groups. They are 2-bedroom plus den single floor homes with open floor plans and have been designed to facilitate the best in indoor and outdoor living. It is fair to say that these homes will be among the most eagerly anticipated among Palm Desert homes for sale as we move into the coming New Year. Buyers looking for homes for sale in La Quinta, CA will be interested in this development as well. Attractive Houses for Sale in Palm Desert with Great Amenities - and Fairways - Right Nearby Each of these golf course houses for sale in Palm Desert features front and back open terraces that offer a nice measure of privacy for owners and the guests they may be entertaining. Each home will come with a 2-car garage as well. We're working a number of pocket parks and a pickleball courts into this new rancher home development in Palm Desert, and there will also be a continuous walking path that goes all around the project. 1/3 Plus, those who are quick to seize the opportunity with these Palm Desert homes for sale will also have all of the other amenities here to enjoy. Most popular among them for homeowners here is our community pool and spa with multi -purpose room that can used for nearly any indoor activity For groups of people. There's more in the way of what makes this such an appealing place for golf lovers to live in Palm Desert. and we encourage you to visit the Clik to learn more. Great Golfing! It's not that we think any less of homes for sale in Palm Springs, CA but notonly do theytend to be a hit pricier, but they're not as ideally located for golf and other outdoor activity enthusiasts the way that these rancher Palm Desert homes for sale are. Same can be said for homes in Rancho Mirage CA. Both are lovely spots, but - if you ask us - Palm Desert is that much more of a golfer's paradise. Plus, it's fair to say that nothing does a betterjob of selling people on our Palm Desert Country Club Homes for sale here than the excellence of the 18 hales on our c.nurse. If you love golf that challenges your skills while Being surrounded by attractive landscaped vistas that are paired with beautiful backdrop of the Santa Rosa, San Jacinto, and San Gorgonio mountains then you'I I quickly be enamored with our course. We are compiling a list of those who are interested in owning. Please email dia nn @pakmdA_5g gojf.cam with questions or interest in the project. Rancher Renderings IFT It r� s Site Maps Newsletter Reviews Contact Us Get Social ' C—) __ 3 213 STAFF REPOERT FOR 1-9-2020 OPEN SPACE ACTION COMMITTEE IS ASKING THAT YOU NOT AMMEND THE OPERATION AND MAINTENANCE AGREEMENT (CMA) BETWEEN THE CITY OF PALM DESERT AND PD HOLDINGS LLC., FOR THE OPERATIONS AND MAINTENNCE OF THE REMAINING GOLF COURSE IN PALM DESERT COUNTRY CLUB. IF YOU REMOVE OUR 9 HOLE DEFUNCT GOLF COURSE FROM THE MAINTENACE AGREEMENT WHO IS GOING TO TAKE CARE OF THE MINIMUM MAINTENANCE. OUR ATTORNEY AT THE APPROVAL OF THE 69 CONDO'S GAVE YOU A LETTER STATING THE MAINTENQANCE AGREEMENT WAS STILL VALID. THE HOA HAS NOT REPRESENTED THE 77 HOMES ON THE PROJECT IF THEY ARE ARGREEING FOR THIS TO BE DONE. UNTIL THERE IS AN HOA , WHO WILL BE RESPONSIBLE? A PROFESSIONAL CORPORATION MATTEmw T. WARD, Esa. ADMITTED IN CA AND TExAs 44-651 VILLA(IE COURT SUITE 121 PALM DESERT, CA 92260 PHONEi 760.834.8210 FAx: 760.860.6600 E-MAIIa mw2rd@mwudlawcorp.com May 7, 2018 Palm Desert City Council Sabby Jonathan, Mayor 73510 Fred Waring Drive Palm Desert Ca 92260 Robert W. Hargreaves, City Attorney City of Palm Desert c/o Best Best & Krieger 74760 Highway 111, Suite 200 Indian Wells Ca 92210 Re: Palm Desert Country Club- Case No 16-280. Council's Consideration of rezoning of three parcels from open suace to mixed use residential for construction of 69 condominium units on approximately 30 acres located on the former executive gold course at Palm Desert Country Club To the Honorable Mayor and Members of the Palm Desert City Council and City Attorney Hargreaves: My office represents the Open Space Action Committee, which is comprised of a group of concerned citizens who reside at the Palm Desert Country Club and are directly affected by the proposed project. I have reviewed the April 19, 2018 letter from counsel for PD Holdings, LP, the owner of the Palm Desert Country Club as it relates to the Operation and Maintenance Agreement ("OMA") between the City of Palm Desert and PD Holding's predecessor Dahoon Investment Company, Inc. as recorded on September 21, 2005 in the Official Records of Riverside County as Document Number 2005-0780948. 1 have likewise reviewed the Memorandum from Palm Desert City Attorney Hargreaves dated April 30, 2018 re "Palm Desert Country Club Documents" as it relates to Council's "direction" that he review the Development Agreement, Operation and Maintenance Agreement, CC&R's and the April 19 2018 letter from PDCC's legal counsel. Page 1 of 6 �r,;L-C) WARD LAW GROUP A PROFESSIONAL CORPORATION I have likewise conducted a review and analysis of the Operation and Maintenance Agreement. I agree with your City Attorney's conclusion that 1) the OMA does not have a termination date; 2) the OMA remains enforceable, and 3) that it does not appear that the OMA was discharged in bankruptcy. I disagree with Mr. Hargreave's assertion that the City can "justifiably" take the position that if any portion of the Property is no longer operated as a golf course, that such portion is not required to be maintained to the Agreement's standards. I likewise disagree with many of the assertions made by Applicant's attorney Robert Patterson in his April 19, 2018 letter. I have reviewed a memorandum from Principal Planner Eric Ceja to Council, in which he confirms the uncertainty created by the City Attorney's April 30, 2018 memorandum, and recommends that "City Council direct staff to work with the Applicant to amend the OMA to clarify that it applies only to the Championship course and only so long as it is operated as a golf course." For the following reasons, my client asserts that the City cannot justifiably take a position that is contrary to the express and unambiguous language of the OMA which clearly reveals the intent that the maintenance obligations apply to the entire "Property" as defined in the OMA. I. The Maintenance Agreement AuDlies to the Entire "Property", and is Not Limited to Areas Used for Golf Provided that Golf is Conducted on the Property. Recital Section "A" defines the "Property" as the real property located at 77-200 California Road in the City of Palm Desert known as the Palm Desert Golf Course, legally described in Exhibit A-1 and depicted in Exhibit A-2 attached to the agreement and incorporated into the agreement by reference. Recital Section "A" specifically states that the "Property" is "improved with certain improvements, including. but not limited to, an eighteen (18) hole golf course and a nine (9) hole executive course (collectively "Golf Course'j, an approximately ten thousand (10,000) square foot clubhouse ("Clubhouse"), a storage area and maintenance yard ("Maintenance Yard") and Parking Lot ("Parking Lot"). Recital C states: "For so long as Owner operates a golf course on the Property, Owner agrees to operate and maintain the Property according to the standards set forth in this Agreement, as required under the Development Agreement." Section 3.1 of the OMA states that "Owner shall maintain the "Property and related improvements. including without limitation the Clubhouse, the Parking Lot, the Maintenance Facility and associated landscaping in accordance with this Agreement, including without Page 2 of 6 n f 1 r1 -ANA Palm Desert C o u it r r v Cl I tit-, 0'1 WARD LAW GROUP A PROFESSIONAL CORPORATION limitation, the Maintenance Standards for the Palm Desert Country Club attached to this Agreement as Exhibit B incorporated by this reference (the "Maintenance Standards")". Section 3.8 of the OMA states that the covenants contained therein run with the land, bind Owner's successors and assigns (which includes the Applicant), and "shall remain in effect for so long as the Property is used as a eolf course facility". Applicant's counsel not surprisingly asserts that it is his "unequivocal opinion" that there are no covenants or restrictions that restrict or prohibit the entitlement and construction of the Project, and that City Council must consider the recommendation of Planning Commission to approve without any reference to this potential issue. First, this is not a "potential" issue, it is a ripe and present issue. Second, the position of Applicant's counsel appears to be unsupportable given the clear language of Recital C and Sections 3.1/3.8 of the OMA. The issue is not whether the owner must operate a golf course or golf courses on the entirety of the project as Applicant's counsel asserts. The issue is if the owner operates any golf facility on the Property then it must comply with the maintenance obligations for the entire Property. As Council is aware, it is the former 9- hole golf course area that the Applicant seeks a zone change and approval to develop. This area is clearly within the defined "Property" and clearly subject to all maintenance obligations as set forth in the OMA. Applicant's counsel does not dispute the application of the OMA, and in fact admits in his April 19, 2018 letter that PD Holdings will continue to maintain the eighteen -hole course in full compliance with the City Covenant. (letter page 2). It is unclear to me how the Applicant believes that it can pick and choose those provisions of the OMA that it wants to comply with, while asking City Council to simply disregard and ignore those provisions that it does not want to comply with, and in this case, those provisions that interfere with its approval for the zone change and development. 2. The OMA Was Cleariv Intended to Aunty to Maintenance of the Entire_ Property Including anv Golf Course, and that Intent Should Not Be Disregarded. Again, Applicant's counsel takes the position in his letter that the intent of the OMA was not to prevent development for another use, such as single family residential. First, for clarification, Applicant is seeking approval for change of zone to multi -family residential. Second, the language of the OMA speaks directly to the intent of the parties by mandating City enforcement if the owner allows any materially adverse condition on any area of the Property, including any significant deterioration of the golf course. Page 3 of 6 1 �� REAL ESTATE COMMISSIONER'S OFFICE On 1-3-2020 1 contacted the Loa Angeles office of the REAL Estate Commissioner. They are in charge of Riverside County, I wanted to know if there was a sub -division report for the Tract Numbers listed in T he condo projects: Tract 37240,37241 and 37242. 1 also checked 33195. No sub -division reports filed. ❑n 1-7-2020 their web site worked and I have attached The same. When filing a sub -division report the developer must have a beginning and ending date. I have been un- able to find any . SEE ATTACHED COMPLETION BOND: OPEN SPACE IS ASKING THAT A COMLETION BOND BE REQUIRED. M WARD LAW GROUP A PROFESSIONAL CORPORATION Section 3.2 of the OMA states: "If at any time there is an occurrence where, in the commercially reasonable opinion of the City, a material adverse condition on any area of the Proaerty exists in contravention of the Management Plan and/or this Agreement (a "Maintenance Deficiency") the City shall notify the Owner in writing of such Maintenance Deficiency." Section 4.3 of the OMA is entitled "Relief to Preclude Immediate Significant Deterioration of the Golf Course", and states in relevant part: "If the City identifies a Maintenance Deficiency which the City believes in its commercially reasonable opinion will result in the immediate significant deterioration of the Golf Course if not cured within a commercially reasonable time ("Urgent Maintenance Deficiency"), the City shall provide immediate written notice to Owner." The OMA applies to the Property and further applies so long as any golf operations are being conducted on the Property. The analysis is not whether the OMA restricts the owner/applicant from ceasing to use a portion of the Property as a 9-hole course. However, any such decision by the owner does not excuse or diminish the maintenance obligations as to the "Property" and to maintain said Property in accordance with the OMA maintenance standards, for as long as any portion of the Property is used as a golf course. With all due respect to the City Attorney, his statement that any other interpretation could be given to this language, is not a reasonable or justifiable interpretation, especially when section 3.8 is read in connection with sections 3.2 and 4.3. 3. The OMA Was A Stated Condition of ADDrOyal of the Development Agreement. Which Was Recorded on the Same Date as the OMA. The OMA arose as a specific condition of approval of the Palm Desert Country Club Development Agreement between the City of Palm Desert, PDCC Development LLC and Dahoon Investment Company, Inc which was recorded on the same date as the OMA. The parties to the Development Agreement received substantial benefit under the Development Agreement. To now suggest, that any provisions of the OMA (a stated condition of approval) can retroactively be cancelled, waived or rescinded, is contrary to the terms, conditions and spirit of the Development Agreement, which provided in part as follows; Page 4 of 6 l �� 117/2020 Subdivision Public Reports Lookup System Subdivision Public Reports Lookup System Welcome to the Subdivision Public Reports Lookup System. You may search For a Public Report using the criteria below. The Public Re part is available 15 days after issuance, Search results will he limited to 100 if no search criteria is entered. Start Date and End Date must both be provided when searching for a date range. To save a list of the search results to a spreadsheet, click the Export button. Important Note: Only public reports newer than 01/01/2014 are available on this site. Please contact the subdivision section at (916) 576-3374 for reports older than 0110112014. SEARCH File Number: Subdivision Name: VILLAS County: RIVERSIDE Tract Number: 37240 Subdivider. Pa HOLDINGS Stan Date: End Date: -�5ear>r►1 RESULTS No results found. Only public reports from 2014 or newer are available online. WW Select Language V Powered by ' _❑ -,it Translate Back to Top I Conditions of Use I Accessibility I Contact Us Copyright© 2012 State of California https:/Isprls.dre.ca.gov WARD LAW GROUP A PROFESSIONAL CORPORATION "Whereas, the terms and conditions of this Agreement, have undergone extensive review by the City and the City Council and have been found to be fair just and reasonable" 4. The City Has Failed for Manv Years to Reauire the Owner/Aonlicaut to Comnly with the Maintenance Obligations under the OMA. and Must Not Reward Such Breach with an Amendment to the OMA. The photographs of the burned out, blighted, dilapidated area which was once occupied by the 9-hole course (and which are part of the record in this matter) clearly show that there has been little if any effort by the City of Palm Desert to enforce the maintenance obligations as to the owner/applicant under the OMA. It appears that the owner/applicant has ignored its obligations under the OMA, and made all those homeowners who have homes on and around the former 9-hole course, to endure years of blighted conditions. These maintenance obligations include the obligations under Section 2.3 that the Owner budget and expend a minimum of 1.1 million dollars annually for maintenance of the Golf Course and its facilities, and under section 2.3.2 to submit annual reports detailing money spent on the maintenance of the Golf Course. Now this same owner/applicant wants the City to reward its actions with a zone change, and approval for development of the project on the Property. The suggestion that these matters can be resolved with a simple amendment to the OMA, if so directed, would constitute the City's granting of a waiver of the owner/applicant's obligations and smacks of self -interested dealing, given the unperformed obligations of the City under the OMA. Applicant and its counsel may not like the terms of the OMA, however the language of the Agreement is not ambiguous. The OMA and the obligations therein are a covenant running with the Property. Respectfully, the comments from Mr. Ceja that the previous owners went bankrupt, that there are significant changes in the golf industry and that the sustained viability of the golf course has not been demonstrated, may all be true, but likewise irrelevant to the analysis. As Mr. Ceja states in his memo to Council, "requiring private businesses to operate at a loss is outside the scope of the City's authority". Likewise, disregarding, waiving or amending out obligations contained in the recorded OMA that run with the Property and bind this Applicant, in order to suit the owner/applicant and/or City, is likewise beyond the scope of the City's authority. Page 5 of 6 n 14� 1M2020 Subdivision Public Reports Lookup System A I]fil: r Subdivision Public Reports Lookup System Welcome to the Subdivision Public Reports Lookup System. You may search For a Public Report using the criteria below. The Public Report is available 15 days after issuance. Search results will be limited to 100 if no search criteria is entered. Start Date and End Date must bath be provided when searching for a date range. To save a list of the search results to a spreadsheet, click the Export button. Important Note: Only public reports newer than 01/01/2014 are available on this site. Please contact the subdivision section at (916) 576-3374 for reports older than 0110112014. SEARCH File Number: Subdivision Name: PALM DESERT COUNTRY CLUB County: RIVERSIDE Tract Number: 37241 Subdivider: PD HOLDINGS Start Date: End Date: RESULTS No results found. Only public reports from 2014 or newer are available online. Select Language V Powered by Translate Back to Top I Condltlons of Use I Accessibility I Contact Us Copyright g 2012 State of Califomia https:/lspri s.dre. ca.gov WAIRD LAW GROUP A PRorRssIONAL CORPORATION It is respectfully requested that this communication be presented to the Palm Desert City Council and made a part of the record so that Council can make an adequately informed decision. cc: Open Space Action Committee WARD LAW GROUP, PC. Matthew T. Ward Page 6 of 6 � r)--5 1/712020 Subdivision Public Reports Lookup System iIF I]R1: o,C�pp►c= Subdivision Public Reports Lookup System Welcome to the Subdivision Public Reports Lookup System. You may search for a Public Report using the criteria below, The Public Report is available 15 days after issuance. Search results will be limited to 100 if no search criteria is entered. Start Date and End Date must both be provided when searching for a date range. To save a list of the search results to a spreadsheet, click the Export button, Important Note: Only public reports newer than 011011204 are available on this site, Please contact the subdivision section at (916) 576.3374 for reports older than 0110112014. SEARCH File Number: Subdivision Name: PALM DESERT COUNTRY CLUB County: RIVERSIDE V Tract Number: 37242 Subdivider: PD HOLDINGS Start Date: End Date: RESULTS No results found. Only public reports from 2014 or newer are available online. Select Language ■ Powered by ',o •:ie Translate back to Top I Conditions of Use I Accessibility I Contact Us Copyright (9 2012 State of California Export httpsi isprls.dre.ca.gov 1 Klassen, Rachelle From: George Innis <innisg@gmail.com> Sent: Tuesday, March 03, 2020 2:43 PM To: Klassen, Rachelle; Ceja, Eric Subject: Letter regarding proposed dog park Attachments: We sent you safe versions of your files; Dog ParkLetter2_27_20.pdf Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files. Dear Rachelle and Eric, Please find attached a letter stating the position of the BoD of the Garden Apartments Homeowners Association regarding the proposed dog park. Please note that we don't oppose the dog park, provided that the appropriate protections can be put in place. We are, however, concerned that the current untenable dust -bowl type conditions might be allowed to continue. That is a problem for all neighbors of this area. Please feel free to contact me with any questions. Sincerely, George Innis �0 � � PALM DESERT COUNTRY CLUB REAL ESTATE WEB SITE: ;The Real Estate commissioner's License Dept shows no license for the attached. It is my understanding that the entity is not allowed to advertise any real estate unless They hold a California Real Estate License AND IN THIS CASE A SUB -DIVISION REPORT. At this point there is also no discussion of any HOA, WHICH IS ALSO A REQUIREMENT IN THIS SUB -DIVISION APPROVED BY THE CITY. Garden Apartments Homeowners Association 42215 Washington Street, Suite A-177 Palm Desert, CA 92211 March 3, 2020 Eric Ceja, Principal Planner Rachelle Klassen, City Clerk City of Palm Desert 73-510 bred Waring Drive Palm Desert, CA 92260 Dear Eric and Rachelle, I am writing to express the concerns of the Board of Directors of the Garden Apartments Homeowners Association regarding the land under consideration for the new dog park within Tract 2137 in Palm Desert Country Club. Our condominiums line the fourth fairway of the golf course at Palm Desert Country Club, and some of the units directly abut the area under consideration. Because this area is part of the original course layout, and the Protective Covenant governing Tract 2137 is still in force, it is the opinion of our Board that this area is obligated to be maintained by the Country Club as part of the golf course. The current situation with the land is that the area is an eyesore and a source of dust whenever the wind blows. This continues to depress the property values of all homes abutting this land, not just our condominiums. The opinion of our Board is that the City and current owners of the Club have failed to live up to their obligations in maintaining this property. This brings us to the proposed sale. On the surface the sale could benefit all parties, provided certain conditions are enforced: 1) the land must be required to be maintained in an attractive and landscaped condition such that dust no longer creates a nuisance ; 2) The park must be properly separated from the private property adjoining the land (belonging to our HOA and to other owners) both to prevent dogs becoming a nuisance on private property, as well as limit intrusion by trespassers through city -owned land; 3) Our Board is insistent that the sale or transfer of this land to the Citv not be used as an excuse or means to invalidate the Protective Covenant now in place for Tract 2137. All of the owners within the Garden Apartments Homeowners Association bought their units with the implicit assumption that the Covenant would remain in place and be enforced, and that the area would be operated as a golf course in perpetuity. Any other situation could greatly reduce our property values, and we would consider that a violation of both the intent and wording of the Covenant. 1012020 Real Estate I Monark Group Palm Desert Country Club Proudly maintaining its status as one of the best golf courses in the Coachella Valley, Palm Desert Country Club offers a world class golfing and dining experience. This full 18--hole course features stunning views and beautiful landscaping. Visiting Palm Desert Country Club (eaves no wonder why it has been nominated for Best Public Course in the Valley by Coachella Valley Weekly. Coming soon is a new condominium development consisting of 69 units. Situated on 30 acres of land, the new development will integrate outdoor living with a single floor plan featuring a private patio in the front and back. Amenities will include three community pools / spa, pathways throughout the property, as well as tennis and pickleball courts. We a S�Tc 1 l.� https:llwww. rnonark.comlreaI-estate/ 5115 Garden Apartments Homeowners Association 42215 Washington Street, Suite A-177 Palm Desert, CA 92211 In summary, the Board of Directors of the Garden Apartments Homeowners Association asks the City of Palm Desert to not take any actions which could result in the breaching or invalidation of the Protective Covenant on Tract 2137, which is the principal protection that we and other homeowners have to prevent the course being sold and our property values destroyed. We also ask that should the dog park purchase be enacted, adequate safeguards be written into the transfer guaranteeing that the property values of all surrounding homeowners be protected, and that the remainder of Tract 2137 still be considered to be under the Protective Covenant. Respectfullv submitted, George Innis, President Garden Apartments Homeowners Association I �� I t712020 Public License Lookup - ORE Public License Information EXA~VS ['wiAILOME03 II 1 011113 1 PuI]II c at i DnF i.6K Please enter the Licensee's Name (Last Name, First Name), Company Name or License Identification Number. Name Search Help If you would like to search for a real estate broker or corporation by the main office or branch address, click here. It you would like to search for a Prepaid Rental Listing Service (PRLS), click here. 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Accessibility I Conditions of Use I Contact Us I Privacy Policy I Site Map Copyright!? 2012 State of California www2.dre.ca.govlPublicASP/pplinfoAsp?start=1 117/2020 Public License Lookup - ARP of it DRE I Grr+tj3rE tJ5 1 N••wsrtorn I Fnnns I Pui1N[atI i+ PRE. Mrl&w rC]AIOL"Pts OUNUIES Ex/wwMWItS NAL011MR4 Public License Information 1.6K 1 to 4 of 4 matches License ID Name License Type Mailing Address City Mortgage Loan Originator 01458177 Todd, Diana Aivear Salesperson BRIDGEPORT 02006276 Todd, Diana Lynn Salesperson MANTECA 01079874 Todd, Diane L Salesperson FRESNO 00988968 Todd, Diane Lynn Broker/Officer SEAL BEACH Nate: The "Mailing Address City" may differ from the licensee's main office and/or branch office city, NEW SEARCH Select Language ■ Powered by Translate This Google translation feature is provided for inform a tional p urp oses only as ❑RE is unable to guarantee the accuracy of this translation. Please consult a translator for accuracy if you are relying on the translation or are using this site for official husiness. Accessibility I Conditions of Use I Contact Us I Privacy Policy I Site Map Copyright Q 2012 State of California www2.dre. ca. govlPubIicASPlpplinfo.asp?start= 1 � � S 1 /1 1/7/2020 Public License Lookup - ORE mid f R E, r r , � I:�r� Cq�i311�R� 110E�[E5 Public License Information :! l!r:e I Gnnfar.' Us I Newssow,i I i is i:. I ExAM"13 OEWI.O'ERS I to 4 of 4 matches License i17 Name License Type Mailing Address City 01458177 Todd, Diana Alvear Salesperson BRIDGEPORT 02006276 Todd, Diana Lynn Salesperson MANTECA 01079874 Todd, Diane L Salesperson FRESNO 00988988 Todd, Diane Lynn Broker/Officer SEAL BEACH Note: The "Mailing Address City" may differ from the licensee's main office and/or branch office city. 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Please consult a transia for for accuracy if you are relying on the translation or are using this site for official business. Accessibility I Conditions of Use I Contact Us I Privacy Policy I Site Map Copyright @ 2012 State of California www2.dre.ca.gov/PuInICASPlpplinfc.asp?start=l 1/7/2020 Public License Lookup - ❑RE "A it Ill FnI rr1F Pi I Ilr,iGive r r� • ,� � r,�'ti,lYtx r`r:a,tr, `ti�iitt li�1i'.�rCt'.� EltAlttM�lEE� pENE�OrrtRi Public License Information 1.6K Please enter the Licensee's Name (Last Name, First Name). Company Name or License Identification !Number. Name Search Help If you would like to search for a real estate broker or corporation by the main office or branch address, click here. If you would like to search for a Prepaid Rental Listing Service (PR LS), click here, Disclaimer: ORE is aware of fraudulent attempts by unlicensed persons to use the names and/or information of real estate licensees to illegally engage in real estate licensed activities. 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Accessibility I Conditions of Use I Contact Us I Privacy policy I Site Map Copyright © 2012 State of Califomia www 2. d re. ca. go vIP u b l i cAS P/p p l i n fo. as p?start=1 CITY OF PALM DESERT COMMUNITY DEVELOPMENT DEPARTMENT CITY COUNCIL PUBLIC HEARING MEMORANDUM To: Honorable Mayor and Members of the City Council Lauri Aylaian, City Manager Robert Hargreaves, City Attorney -1 al'. From: Eric Ceja, Principal Planner Date: March 12, 2020 Subject: Palm Desert Country Club Operations and Maintenance Agreement Amendment and Amendment to Condition of Approval No. 14 of Resolution 2018-16 On January 9, 2020, the City Council considered an amendment to the Operations and Maintenance Agreement (OMA) between the City and the owners of Palm Desert Country Club (developer). The City Council also considered a request by the developer to amend Condition of Approval No. 14 to modify the in -lieu affordable housing fee. The City Council voted unanimously to continue the developer's request to the City Council meeting of February 13, 2020, and again voted to continue the public hearing to the meeting of February 27, 2020, and again to the meeting of March 12, 2020. The City Council also directed staff to work with the developer on the following: 1. How can the City protect property owners and ensure the project is complete. The City's ability to ensure project completion is limited. As experienced in the last recession, development projects can stall and can take years for a full project build - out. Prior to construction, the City does accept bonds to ensure that public improvements are complete; however, private improvements are more challenging, and staff does not recommend accepting a bond that would require the City to finish out the development. Additionally, market forces will dictate the absorption rate of the condominiums, and the City should not grant or imply that it will take responsibility for the timing or build -out of the development. Staff suggests using existing policies and enforcement procedures to ensure that construction impacts are at a minimum and disturbed areas are properly maintained. This includes enforcement of construction hours, enforcement of the project's conditions of approval, timely inspections, and enforcement of dust control protocols during construction. Staff is also recommending a condition on the project that all landscape be installed and planted prior to the 1s` Certificate of Occupancy being issued for any unit. This condition requires the developer to install all landscape within the planning area March 12, 2020 — Memorandum Palm Desert Country Club Change of Zone Page 2 of 2 (decomposed granite, shrubs, trees) before they can occupy or sell the first unit within that planning area. This condition protects surrounding property owners by ensuring that the full landscape is installed in the planning area; so that even if the project stalls, the landscape is in place to remediate ongoing nuisance issues. 2. Provide interim maintenance standards for the planning areas that are not under construction. Staff has worked with the developer to identify suitable maintenance standards for the portions of the project that are not under construction. For planning areas that are not under construction, the developer is proposing the following: • Water areas as needed. • Mow and maintain (weed removal) areas as needed. • Respond to any or all maintenance complaints within 24 hours. • Work with City staff to develop a plan acceptable to the City and remedy all complaints within 48 hours. Staff is cautious about establishing strict maintenance requirements for the planning areas as the areas have reverted to a natural -like condition. Due to a series of contributing factors, including environmental and financial limitations, there should also be no expectation or requirement that the planning areas be brought up to golf - course like conditions or that replacement of turf should occur. Instead, Staff recommends accepting the developer's proposal and allow City Code Compliance to work with the developer when issues arise. The items listed above have been incorporated into the Amended Operations and Maintenance Agreement. 3. Ensure that the applicant's affordable housing fees go into a City housing fund. Staff has provided an updated resolution that will place the developer's affordable housing fees into the City's 870 Housing Fund. 4. Work with the developer to establish a project start date. The developer has taken several steps toward starting the project. The applicant has already received approval for grading plans and building plans for project amenities, and the condominiums are in review. The developer has indicated that grading and site work will occur one project area at a time. Once the first project area is built out, and assuming favorable market conditions, another project area will be developed. Assuming City Council approval of the amended conditions and OMA, the developer has stated that they will like to begin site work by November of 2020. ERIC CEJA, P"PAL PLANNER Attachments: 1. Developer's Letter 2. Resolution 2020-01 3. Amended Operations and Maintenance Agreement CITY COUNCIL RESOLUTION NO.2020-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CONDITION OF APPROVAL NO. 14 OF RESOLUTION 2018-16 FOR THE REPURPOSING OF THE FORMER PALM DESERT COUNTRY CLUB EXECUTIVE COURSE TO ESTABLISH 69 CONDOMINIUM UNITS ON APPROXIMATELY 30 ACRES LOCATED WITHIN PALM DESERT COUNTRY CLUB CASE NOS: PP/CUP/EA 16-280 WHEREAS, on the loth day of May, 2018, the City Council of the City of Palm Desert adopted Resolution 2018-16 approving the development of 30 acres at Palm Desert Country Club previously occupied by the Executive Golf Course; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 9th day of January 2020, hold a duly noticed public hearing to consider the request by PD Holdings, LLC, to amend Condition No. 14 of Resolution 2018-16 replacing the previous condition requiring a $12.50 in -lieu affordable housing fee with new conditions requiring payment of Impact Fees and land dedication for the expansion of Joe Mann Park; and WHEREAS, at the meeting of January 9th, 2020, the City Council continued the applicants request to the regularly scheduled City Council meeting on the 13th of February and directed staff to work with the applicant to establish interim maintenance standards for the former Executive Golf Course and to ensure the applicants Impact Fee payments would contribute to a City housing funds; and WHEREAS, at the meeting of February 13t', 2020, the City Council continued the applicants request to the regularly scheduled City Council meeting on the 27th day of February to allow staff more time to work through the applicant's proposal; and WHEREAS, at the meeting of February 27, 2020, the City Council continued the applicants request to the regularly scheduled City Council meeting on the 12th day of March to finalize details regarding a land exchange for the possible expansion of Joe Mann Park; and WHEREAS, said applications have complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2019-41, in that the Director of Community Development has determined that amendments to the approved conditions are not a project subject to the California Environmental Quality Act; and WHEREAS, on the 12th day of March 2020, the City Council, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the amended condition is consistent with the goals and polices of the General Plan. CITY COUNCIL RESOLUTION NO.2020-01 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case. 2. That the City Council does hereby resolve and replace Condition No. 14 of Resolution 2018-16 for PP/CUP/EA 16-280, subject to conditions. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 121h day of March 2020, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GINA NESTANDE, MAYOR K CITY COUNCIL RESOLUTION NO. 2020"01 CONDITIONS OF APPROVAL CASE NOS. PP/CUP/EA 16-280 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, as modified by the following conditions. 2. All conditions of approval listed in Resolution 2018-16 remain in effect with the exception of Condition of Approval No. 14 which is replaced by the following conditions. 3. The applicant shall record the Declaration of Protective Restrictions dated November 2017, as agreed upon with the Palm Desert Country Club Homeowners Association. After providing evidence of said Declaration to the satisfaction of the City's Director of Community Development the following conditions shall become effective: A. The applicant shall grant City a 10-year option at the City's complete discretion and in form approved by City, to acquire a 2.5-acre parcel at the eastern end of Hole #4 and adjacent to Joe Mann Park, as shown in Exhibit A of this Resolution. The applicant shall cooperate with City in processing a parcel map waiver to accomplish the transfer and cooperate with the City and the applicable HOA to facilitate property owner approval of an amendment to the CCR's to allow the construction of a park on the property. B. The applicant agrees to make a one-time payment of $400,000 to the City's 870 Housing Fund. This fee shall be collected on a per unit basis, at a rate of $5,797.10 per unit, prior to building permit issuance. C. The developer shall provide all Real Estate Sales Agreements to the City's Community Development Department upon sale of each dwelling unit. These Agreements shall be submitted no later than the 28th day of each month until sale of the final unit. For all dwelling unit sold for an amount that exceeds $450,000, 50% of the amount that exceeds $450,000 but less than $500,000, shall be contributed to the City. These funds shall be deposited into the City's 870 Housing Fund. The developer shall split the sales until an additional $400,000 has been collected by the City. Prior to finalization of the map the developer will record an agreement acceptable to the City memorializing this condition. 4. The applicant shall submit a landscape plan and/or exhibit to the City's Community Development Department for the purposes of identifying turf areas of the golf course, desert landscape areas with decomposed granite ground cover, and naturalized areas. 3 CITY COUNCIL RESOLUTION NO. 2020-01 5. Prior to Certificate of Occupancy for a single unit within any of the Planning Areas, the applicant shall landscape the entirety of the Planning Area in accordance with an approved landscape plan. 4 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: Lauri Aylaian Tele: (760) 346-061 1 Fax: (760) 776-6417 FIRST AMENDEMNT TO OPERATION AND MAINTENANCE AGREEMENT THIS FIRST AMENDMENT TO OPERATION AND MAINTENANCE AGREEMENT ("Agreement") is dated as of March , 2020 by and between the City of Palm Desert, a California municipal corporation ("City") and PD Holdings, L.P., a California limited partnership ("Owner"). The City and Owner are sometimes referred to in this Agreement, each individually, as a "Party," or collectively, as the "Parties." RECITALS A. The City and Dohoon Investment Company, Inc., a California corporation, entered into that certain OPERATION AND MAINTENANCE AGREEMENT ("Agreement") dated August 31, 2005, recorded with the Riverside County Recorder's office on September 21 2005 as Document number 2005-0780948 with respect to the "Property" described in therein. B. Owner holds an interest in the Property described in the Agreement and is subject to the Agreement. C. The part of the Property held by Owner is described in Exhibit "A" and is referred to herein as the "Property". D. The Property is improved with certain improvements, including, but not limited to, an eighteen (18) hole golf course and a nine (9) hole executive course (collectively "Golf Course). E. Owner is entitling the part of the Property made up of the nine (9) hole executive course as 69 condominium units (the "Project") as described in Exhibit `B" attached hereto. The remainder of the Property (the "Eighteen Hole Golf Course") is described in Exhibit "C". F. The parties wish to amend the Agreement to provide that it shall not encumber the Project, to provide clarification regarding the covenants to maintain the golf course, and to add a covenant concerning maintenance of desert landscaping on the remaining parts of the Golf Course. NOW, THEREFORE, for good and valuable consideration and the mutual promises and covenants of the Parties set forth in this Agreement the Owner and the City agree as follows: AMENDMENT 1. Section 2.1 of the Agreement is hereby amended to read as follows: "2.1 Operation and Use of Property by Owner: Owner intends to operate, or cause to be operated, upon the Property, a semi. -private golf course facility in accordance with this Agreement in a prudent businesslike manner consistent with the operations of an average semi -private golf course facility allowing use by both members of the public and private members, in the Palm Desert area, and consistent and in compliance with all applicable provisions of federal, state and local laws and regulations. In addition to the forgoing, it is agreed that tiny portion of*such golf'course landscaped with drought tolerant landscaping shall be maintained at all times in accordance with the City standards attached hereto as Exhibit "D":, Notwithstanding the forgoing, should Owner cease operating a golf course on any portion of the Property, the forgoing covenant regarding maintenance of a golf' course will no longer apply to such portion (?[*the Property no longer used as a golf*course. " 2. A new Section 2.4 is added to the Agreement to read as follows: "2.4 Release of Covenant from Executive Course. The Project as described in Exhibit "B" is hereby, released from, and shall no longer be subject to, the covenants conditions and restrictions contained in the Agreement, as amended by this Amendment. The covenants conditions and restrictions of the Agreement henceforth shall encumber only the Eighteen Hole Golf Course, Exhibit "C". The City and Owner shall cooperate with one another to execute and record such documents as requested by the other to implement and carry out the provisions of*this Section 2.4 releasing and termination the Agreement, as amended, from the Project as described in Exhibit "B'." The recitals to this Amendment are hereby incorporated herein and made a part hereof by this reference. This Amendment may be executed in two (2) or more counterparts, each of which shall be an original, and all of which together shall constitute a single instrument. All other provisions of the Agreement not specifically amended as provided herein shall remain in full force and effect. [signatures on following page — balance of page blank] 72500.00858\32114933.1 DRAFT 6/11/19 IN WITNESS WHEREOF, Owner and the City hereby execute this Agreement by the signatures of their authorized representatives, as follows: "OWNER" PD HOLDINGS, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Name: Its: "CITY" CITY OF PALM DESERT Its: 72500.00858\32114933.1 DRAFT 6/11/19 Exhibit "A" (Attach Legal Description of Propertv) 72500.00858\32114933.1 DRAFT 6/11/19 EXHIBIT A PARCEL 1: LOT A OF 'TRACT 3860 AS SHOWN BY MAP ON FILE IN BOOK 60, PAGES S5 THROUGH 57 INCLUSIV9 OF MAPS, RIVERSIDE COUNTY RBCOFDS. PARCEL 2: LOTS A AND B OF TRACT 4079 AS SHOWN BY MAP ON FILE IN BOOK 66, PAGES 67 TNROUGM 69 INCLUSIVI OF MAPS, RIVERSIDE COM-rY RECORDS. PARCEL 3. LOTS 72, 73, 261 AND 405 OF TRACT 2137, PS SHOWN BY MAP ON FILE IN BOOK 41, PAGES 29 THROUGH 36 INCLUSIVE OF NAPS, RIVERSIDE COUNTY RECORDS. PARCEL 4: LOT 199 OF TRACT 2137, AS SHOWN BY MAP CA FILE IN BOOK 41, PAGES 29 THROUGH 36 INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS, EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNINO AT THE SOUTH"dEST CORNER OF LOT 262 OF SAID TRACT 2137; THENCE NORTH 0. 8' 10" EAST ALONG THE WEST LING OF SAID LOT 262, 70 FEET TO THE MOST NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 45. 0' 31" WEST, 40 FEET; THENCE SOUTH 33. 59' EAST, 50.31 FEET, TC, THE POINT OF B$GINA'INO. PARCEL 51 LOT 453 OF TRACT 2137, AS SHOWN BY MAP ON FILE IN BOOK 41, PAGES 29 THROUGH 36, INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 454 OF SAID TRACT 2137; THENCE AIANG THE EASTERLY LINE OF SAID LOT 454, SOUTH 36. 21' 154 EAST, 101.37 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 454; THENCE NORTH 43. 10' 31" EAST, A DISTANCE OF 2 FEET TO A POINT; THENCE NORTMUSTERLY IN A DIRECT LINE, TC THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF COT 392, AS SHOWN BY SAID MAP; TMENCZ NORTH 00. 30' 14" EAST, 102.80 FEET ON T2M SOUTHERLY LINE OF SAID LOT TO THE SOUTHEAST CORKER THEREOF; THENCE SOUTH 33. 04' SB' WEST, 15 FEET ON THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF SAID LOT; T'HLNCE NORTHWESTERLY, IN A DIRECT LINE, TO THE POINT OF BEGINNING. PARCEL 6: LOTS 3, S, 6, 7 AND 466 OF TRACT 2203 AS SHOWN BY MAP ON FILE IN BOOK 42, PAGES 62 THROUGH 69 INCLUS M OF MAPS, Rl4IWIDE COUNTY RECORDS. 72500.00858\32114933.1 DRAFT 6/11/19 EXHIBIT A PARCEL 1 1 :' A OF TRACT 3860 AS SHOWN BY MAP ON FILE LN BOOK 60, PAGES 55 THROUGH 57 INCLUSIVE OF MAPS, RIVERSIDE COUNIY RBC%LI S- PARCEL 2: LOTS A AND B OF TRACT 4079 AS SHOiOff BY MAP ON FILE IN RMR 66, PAGES 67 THROUGH 69 INCLUSIVE OF MAPS, RIVERSIDE C-OLWN RECORDS. PARCEL 3: LOTS 72, 73, 261 AND 405 OF TRACT 2137, PS SHOWN BY MAP ON FILE IN BOOK 41, PAGES 29 THROUGH 36 INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS. PARCEL 4 ; LW 299 OF TAACT Z337, AS SHOW BY MAP OX FILE IN ROOK 41, PAa9S 29 MOMH 36 INCLUSIVE OF DAPS, RIVLRSIDE COUNTY RECORDS. EXCEP:'IHG THEREFROM THAT PORTION DESC7tlafD AS FCLLONS, BiaG:NNINO AT THE SOUTB'dEST CORNER OF LOT 262 OF SAID TRACT 2137; THENCE NORTH 00 8' 10' EAST ALOCM THE WEST LINZ OF SAID LOT 262, 70 FEET TO :T'M MOS. NORTHWESTERLY CORIMR THEREOF; THENCE SOUTH 45. 0' 311, BEST, 40 FEET; TMCE SOUTH 33' 59' EAST, 50.33 FEET, TC THIS POINT OF R203387IN3. PARCEL Sr LCr 453 OF TRAr-I 2137, AS SHOW BY MAP ON FILB IN BOOK 41, PAGES 29 TMOUGH 16, TIACLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS. EXCEPTING :THEREFROM 'THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTXEAST CORNER OF LOT 454 OF SAID TRACT 2131, THENCE ALONG THE EASTERLY LINE OF SAID LOT 454, SOUTH 36' 22' 15' CAST, 1C1.37 FEET TO THE SOU77TSASTERLY Calm OF 9AID LOOT 454; TH=C8 NORTM 430 10' 31' BAST, A DISTANCE OF 2 FS6T Ta A pour:; THENCE NORTNW95TCRLY IN A CIAtCT LINE, TO THM POINT OF BEGINNT14G, ALX EXCEPTING THEREFROM TKA" PORTION DR9,TRIBE7 AS roLLOWS: BEGINNING AT THE S01MWESTERLY CORNER OF GOT 392, AS SNOWN BY SAID KAP; THENCE NORTH 82, 30' 14' EAST. 102.6C FEET ON THE SOUT=RLY uNT! OP BA:D LOT 7v THE SOITTHSMT CORIOSA -.UBRBOP; THENCE SOUTH 330 04' 59' ►LEST, 15 rMT ON THE SOUTHEASTERLY CXTINSTOq OF THE SOUTHEASTERLY L.'NE OF SAID UM; THEWIt NaR^ii MBRI.Y, IN A DIRZCT LINE, TO THE POINT OF SE933MINS. PARCEL 6: LOTS 3, 5, 6, 7 AND 466 OF TRACT 2203 AS FSOMN BY MAP CW ►ILS Ili 800K 42, PAGES 12 THROUGH 69 INCLUSM OF b%P9, RI'�IWIDS COUNTY RECORDS. EXHIBIT "B" (DESCRIPTION OF PROJECT) The project is located on three separate parcels consisting of 30 acres formerly used as the Palm Desert Country Club Executive Course (Executive Course). Parcel A consists of 13.5 acres and is bounded by Oklahoma Drive (Oklahoma), Kentucky Avenue (Kentucky), California Drive (California), and Tennessee Avenue (Tennessee.) Parcel B consists of 6.15 acres and is bounded by California, Kentucky, and Tennessee. Parcel C consists of 9.7 acres and is bounded by Tennessee, Utah Circle (Utah), Indiana Avenue (Indiana), California, and New Mexico Drive (New Mexico). Parcel A (13.5 acres) is to be graded to accommodate 32 single -story condominium units and two private streets that connect to Kentucky Avenue to the south and Tennessee Avenue to the north. Parcel B (6.15 acres) is to be graded to accommodate 19 single -story condominium units and one private street that connect to Kentucky Avenue. Parcel C (9.7 acres) is to be graded to accommodate 18 single -story condominium units and one private street that connects to Tennessee Avenue. EXHIBIT C (Legal Description of Eighteen Hole Golf Course) The land referred to herein is situated in the State of California, County of Riverside, City of Palm Desert and described as follows: Lots 1, 2, 4, 7, 9, 13, 14, 18, 20 and 22 of Tract No. 33195, in the City of Palm Desert, County of Riverside, State of California, as per Map recorded in Book 399, Page 59 through 75, inclusive of Maps, in the office of the County Recorder of said County. Except therefrom a portion of Lot 4 of Tract No. 33195 more particularly described as follows: Beginning at the Northwesterly corner of Lot 38 of Tract No. 31836-1, in the City of Palm Desert, County of Riverside, State of California, as per Map recorded in Book 406, Page 59 through 67 inclusive of Maps, in the office of the County Recorder of said County; thence, South 84°50'53" East along the North line of said Lot 38, a distance of 75.14 feet to the Northeast corner of said lot, said point being on curve concave Easterly having a radius of 530.00 feet, the center of said curve bears South 84°50'53" East from said point; thence, Northerly along the arc of said curve 6.00 feet through a central angle of 00°38'56" to a point; thence, Traversing the interior of said Lot 4, radial to last said curve, North 84' 11'57" West a distance of 75.37 feet to a point on the West line of said Lot 38 produced Northerly ; thence, Along said West line of said Lot 38 produced Northerly South 03°31'36" West a distance of 6.86 feet to the point of beginning, as shown and described in the Certificate of Compliance (Waiver of Parcel Map PMW 06-08), recorded February 26, 2007, as Document No. 2007-132134 of Official Records . APN: 637-020-006, 637-020-010, 637-020-01 1,637-020-015, 637-020-017, 637-020-019, 637-081- 020, 637-190-010, 637-190-011, 637-190-016, 637-190-033 (End of Legal Description) 72500.00858\32114933.1 DRAFT 6/11/19 EXHIBIT "D" (DROUGHT TOLERANT LANDSCAPE STANDARDS) Drought Tolerant Landscape Standards Design Criteria — All drought tolerant landscape shall incorporate design elements as specified in the City of Palm Desert's "Desert Landscape Design Principals." Drought tolerant landscape shall also be maintained in accordance with the standards listed below. Maintenance Standards — All drought tolerant landscape shall be maintained to minimum standards specific in this agreement and in Section 8.70.190 of the Palm Desert Municipal Code. In addition, maintenance of drought tolerant landscape shall including, but not limited to, the following: - Native exposed soils is prohibited unless approved by the City's Planning and Landscape Divisions. Any Decomposed Granite (DG) areas shall be raked monthly to remove plant litter and weeds, and to maintain a clean appearance. - Removal of plant litter, including weeds and other debris, a minimum of twice a month to maintain a clean and aesthetically pleasing appearance. - Pruning of trees and shrubs to be performed as needed for safety purposes. They should be pruned monthly, as needed, for sustained and healthy growth. - Pest control to reduce plant susceptibility to pest problems. - Removal of weak limb and stem attachments. Removal and replacement of all dead landscape material, including tree stumps. Plant replacement should occur within 3-months of plant removal, with exceptions granted based on seasonal considerations. - In addition to the standards above, the former Executive Course Planning Areas not under construction shall be maintained as follows: o Water areas as needed for dust control o Mow and maintain (weed removal) areas as needed. o Respond to any or all maintenance complaints within 24 hours. o Work with City staff to develop a plan acceptable to the City and remedy all complaints within 48-hours. 72500.00858\32114933.1 DRAFT 6/11/19 ACKNOWLEDGMENT OF NOTARY PUBLIC 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. State of California ) ) SS. County of Riverside ) On before me, , Notary Public, personally appeared 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 Notary Public (Seal) 72500.00858\32114933.1 DRAFT 6/11/19 ACKNOWLEDGMENT OF NOTARY PUBLIC 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. State of California ) ) SS. County of Riverside ) On before me, . Notary Public, personally appeared 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 Notary Public (Seal) 72500.00858\32114933.1 DRAFT 6/11/19