HomeMy WebLinkAboutOrd 1320 - DA 98-1 Amnd1 - Shadow RidgeORDINANCE NO. 1320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT FOR MARRIOTT SHADOW RIDGE (DA 98-
1) LOCATED AT 9003 SHADOW RIDGE ROAD
CASE NO: DA 98-1, Amendment No. 1
WHEREAS, the precise plan for the Marriott Shadow Ridge project was originally
approved subject to conditions by the City Council on November 12, 1998, pursuant to
Resolution No. 98-108; and
WHEREAS, the original project approval was processed pursuant to a Mitigated
Negative Declaration of Environmental Impact, which was certified November 12, 1998;
and
WHEREAS, the City Council did, at their meeting on December 10, 1998,
approve Development Agreement DA 98-1 (adopted as Ordinance No. 888) with
Marriott Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and
WHEREAS, the Planning Commission did, at their meeting on February 17,
2015, approve a two-year term extension for DA 98-1 through December 2020; and
WHEREAS, the Planning Commission did, at their meeting on February 21,
2017, hold a duly noticed public hearing to consider the request for approval of an
extension to DA 98-1, Amendment No. 1 to extend the development agreement term
through December 10, 2030, and did recommend approval of said request to the City
Council by its Resolution No. 2689; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, in that the action to extend the Development Agreement will
only extend the term of the build -out and will not extend any environmental impacts and
is not subject to further environmental review; and
WHEREAS, at said public hearing on the 23rd day of March 2017, City Council
heard and considered all testimony and arguments of interested persons regarding the
request by Marriott Ownership Resorts, Inc., for approval of the DA 98-1, Amendment
No. 1; and
NOW, THEREFORE, BE IT ORDAINED 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 for
approval of the City Council in this case.
2. That DA 98-1 Exhibit "A" attached hereto is hereby approved.
ORDINANCE NO. 1320
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on this 23ra day of March 2017, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
JAN C. HARNIK, MAYOR
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ORDINANCE NO. 1320
RECORDING REQUESTED BY
AND WHEN RECORDED MAlI. TO:
Cit\ of Palm Desert
73-510 Fred Waring Dri\ e
Palm Desert. CA 92260
Attn: Cit\ Clerk
SPA( F:.\RO\ F. 7111s I.I\F: FOR RI ('ORDER'S I SI.
Exempt from Recording Fees pursuant to California Government Code Section 6103.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This FIRST AMENDMENT 10 DEVELOPMENT AGREEMENT DA 98-1 ("First
Amendment") is made and entered into as of the da) of 2017 (the "Effccti\ c
Date"). by and between the CITY OF PALM DESERT. a municipal corporation ("Cit)") and
MARRIOTT O\\'NFRSI IIP RESORTS. INC.. a Delaware corporation ("De\eloper') and is
made \\ ith reference to the background facts and circumstances set forth in the Recitals below.
RECITALS
A. On December 10. 1998. the City and De\ eloper did enter into Development
Agreement DA 98-1 (adopted as Ordinance No. 888) ("Development Agreement") for Marriott
Shado\\ Ridge. a timeshare de\ elopment:
B. On Februar\ 17. 2015. the Planning Commission did approve a t\\o-\ear term
extension for DA 98-1 through December 2020. That extension \\as not memorialized in an
amendment to the Development Agreement:
C. As acknowledged in Section 7.4 of DA 98-1. it \\as difficult to "predict \\hen or
the rate at \\ hich phases oldie Property \\ ill he developed" and that "such decisions depend upon
numerous factors which are not within the control of the Developer. such as market orientation
and demand. interest rates. absorption completion and other similar factors
D. Due to the unprecedented and unanticipated economic conditions facing the
countr\. further development of the Marriott Shado\\ Ridge propert) has not occurred as
originall\ contemplated:
E. City and Developer agree that continued development of the Marriott Shado\\
Ridge property is in the best interests of City and the Developer:
1-. City and Developer now desire to amend I)A 98-1 as it applies to Section 5
(Term) to extend the term for an additional 10 years through December 2030:
NOW THEREFORE. in consideration of the above recitals and of the mutual covenants
contained herein. the parties hereto agree as follows:
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ORDINANCE NO. 1320
1. Term. Section 5 ("Term-) of the Development agreement is amended to pro\ ide
that the Development Agreernent shall expire on December 10. 2030. subject to earlier
termination or extension as pro\ ided in the De\ elopment Agreement. All other provisions of the
De\ elopment Agreement shall remain in the same.
IN WITNESS WI IEREOF the parties hereto hay e entered into this First Amendment as
of the date and year first abo\ e \\ ritten.
Developer
MARRIOTT OWNERSHIP RESORTS. INC.
a Dela\\are corporation
B):
Print Name:
Title:
City
CITY OF PALM DESERT
B\:
Jan C. Harnik. Mayor
Attest:
Rachelle D. Klassen. City Clerk
C'it\ of Palm Desert
Appro\ ed as to Form:
B�:
Robert W. I lar<greayes. City Attorney
Cit\ of Palm Desert
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ORDINANCE NO. 1320
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
County of
On
before me,
Date Here Insert Name and Title of the Officer
Personally appeared
(Names of signers)
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 signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
Signature of Notary Public
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.
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