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HomeMy WebLinkAboutRes 2020-01 CZ/PP/CUP 16-280 Palm Desert Country Club - PD Holdings LPSTAFF REPORT;; CITY OF PALM DESERT COMMUNITY DEVELOPMENT DbtrAnTMENT 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 (PD 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 Ceja\Case Files\Palm Desert Country Club\CC\O&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 121h 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\C&M_Condition Report\CC Staff Report (1.9.20).doc January 9, 2020 — Staff Report PDCC Executive Course Condition and Agreement Amendments Page 4 of 5 Operation and Maintenance Aqreement 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. Findings 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-fil2k3\groups\Planning\Eric Cela\Case Files\Palm Desert Country Club\CC\08M_Condition Report\CC Staff Report (1.9.20).doc 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. Hargre2 es Ryan Stendell City Attorney Dir. of Community Deyelo ment 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 `� Ar1dy 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 \lsrv-fil2k3\groups\Planning\Eric Cela\Case Files\Palm Desert Country Club\CM&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 91h 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 91h 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 4 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 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 linuted 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 any portion c?f such golf course landscaped with drought tolerant landscaping shall be maintained at all fillies 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 cif 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 Un Its: 72500.00858\32114933.1 DRAFT 6/11/19 Exhibit "A" (Attach Lep-al Description of Property) 72500.00858\32114933.1 DRAFT 6/11/19 EXHIBIT A PARCEL 1: LOT A OF TRACT 3860 AS SUM BY NAP ON FILE IN BOOK 60, PAGES SS THROUGH 57 INCLUSIVE OF MAPS, RIVERSIDE COM;PY RSCO$DS, PARCEL 2c LOTS A AND B OF TRACK' 4079 AS SHOWN BY MAP ON FILE IN BOOK 64, PAGES 67 THROUGH 69 INCLUSIVE OF MAPS, RIVERSIDE COtWN RECORDS. PARCEL 3: LOTS 72, 73, 261 AND 405 OF TRACT 2137, PS SHOWN BY MAP ON FILE 139 HOOK 41, PAGES 29 THROUGH 36 INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS. PARCEL 4: LOT 199 OF TRACT 2137, AS SHOWN BY NAP ON F= IN BOOK al, PAGES 29 THROUGH 36 INCLUSIVE OF NAPS, RIVERSIDE COUNTY RECORDS. EXCEPTING THEREFRON THAT PORTION DESCRIBID AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 262 OF SAID TRACT 21371 THENCE NORTH 00 8' 10" BAST ALONG THE NEST LINZ OF SAID LOT 262, 70 FEET TO :HE MOST NORTHWESTERLY CORNER THEREOF; THENCE SOUTH 45. 0' 311, WEST, 40 FEET; THENCE SOUTH 33. 59' BAST. 50.32 FEET, TC THE POINT OF BEGINNING. PARCEL Sr LOT 4S3 OF TRACT 2237. AS SHOWN BY MAP ON FILE IN BOOK 41, PAGES 29 THROUGH 36, INCLUSIVE OF MAPS, RIVBRSIDE COUNTY RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBE❑ AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 454 OF SAID TRACT 2137; THENCE ALONG THE lAST'LRLY LINE OF SAID LOT 454, SOUTH 36. 21' 15' 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 NORTHWBSTERLY IN A DIRECT LINE, TO THE POINT OF BEGINNLNG. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 393, AS SHOWN BY SAID MAP; THENCE NORTH 80. 30' 14" EAST, 102.60 FEET ON TIRE SOUTHERLY LINE OF SAID LOT TO THE SOUTHEAST CORKER TH$RSOF; THENCE SOUTH 336 04. 58" WEST, 15 FEET ON THE SOUTHKESTERI.Y EXTENSION OF THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTHWESTERLY, IN A DIRECT LINE, T? THE POINT OF B QnMING. PARCEL 6: LOTS 3, 5, 6, 7 AND 466 OF TRACT 22B3 AS SHOWN BY MAP ON FILE IN BOOK 42, PAGES 62 THROUGH 89 INCLUSIVE OF MAPS, R16MSION COUNTY RECORDS. 72500.00858\32114933.1 DRAFT 6/11/19 EXHIBIT A PARCEL 1: l4r, A OF TRACT 3860 AS SB04Ql BY tw ON Fitz TN BOOK 69, PA= 55 ZiOldOtai! 57 INCLUS:V'L' OF MAPS, RIVERSIIIB COUNTY RBCOFDS. PARCEL 2 LOTS A AND 8 OP I RAC: 4019 AS SHOOW BY M1 P ON PILE IN BOOR 66, PAGES 67 THROUGH 69 INCLUSIVE OF HADS, RIVERSIDE Cbt7M RBCOR09. PARCEL 3: LOTS 72, 73, 261 AND 405 OF TRACT 2137, 18 SHOWN BY MAP ON FILE IN BOOR 41, PAWS 29 THROUGH 36 INC'LUSIVE OF MAPS, RIVERSIDE COUNTY R900RD5. PARCEL 4: LOT 299 OF TRACP 2237, AS SHOWA BY MAP ON FILE IN HOOK 41, PAGU 29 1MOUOA 36 INCLUSIVE OF MAPS, $1IVKR9IOE COUNTY RECOBDS. EXCEPTING THEREFROM THA".' PORTION DESCRIBED AS POLLOWS, BEGINNING AT 7%R SOUTHWEST CORNER OF LOT 262 OF SAID TRACT 2137; THME NORTH 09 8' 10, EAST ALONG THE WEST LINE OF SAID LOT 262, 70 FEET TO n(E MOST NORTHMESTBRLY CORNER THEREOF; TKENC; SOUTH 45" 0' 31" NEST, 60 FEET; TWICE SOUTH 33" S9' EAST, 50,32 FRST, TIC M POINT OF B8GIDMR0. PARCEL Sc LOT 433 OF TRJkCT 2137, AS SHOW BY MAP ON PILB TN HOOK 41, PA08S 29 TEROUGK 36, IN mum i vi OP MAPS, RIYYR9IDE C'OSlm RECORDS. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS POLLOWS: BRCINHINC AT TH9 NORTHEAST CORNER OF LOT 454 OF SAID TRACT 7131; THENCE ALONG THE EASMLY LINE OF SAID LOT 454, SOUTH 36' 21' 1S" 6A9T, 1C1.37 FEET TO nW SOUT10ASTERLY CORbMR OF SAID LOT 454; THMCE NOiClli 43• 10' 31" EAST, A DISTANCE OF 2 fl= TO A POlK'- j THENCE NORTR"VTBRLY IN A DIPZ= LING, TO THE POINT OF BSGINNIM. ALSC EXCEPTING THEREFROM TKAT PORTION PY9C'RIBED AS YOLL"S: BEGINNING A? 792 SOUTHHE9:ERLY CORNER OF (TOT 392, AS SHOWN BY RAID MAP; THENCE NORTH 19" 30' 14" RAST, 102.80 FEET ON THE SOUTHERLY LINE OP BA:D LOT TO THE SOtTTMEAST CORABR .U=9OF; THINGS SOUTH 33" 04' 51' 1IST, 15 MT ON THE SOUTHWESTERLY EXTENSION OF TKE SOUTHEASTERLY LINT OF SAID LOT, THENCE NORTH118ST8RLY, IN A DIRECT LM. TD THE POINT OF 88QWIM . PARCEL 6: LOTS 3, 5, 6, 7 AND 466 OF TRACT 2293 AS SHOWN BY MAP ON FILE IN 80OK 42, PAGES 82 THWDGH 99 INCLUSM Of MAPS, RI'v'SA 1119 COUNTY RBOORDS. 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 therefi-om 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, 637-020-011,637-020-015, 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. 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/arc 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 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 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 SUBDMSION (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 Califomia 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 Declaration 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. S. 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 Property 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 'y/ven"or "de//vnaed'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 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 party 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 parry'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 31 day of November, 2017. ASSOCIATION PALM DESERT COUNTRY CLUB ASSOCIATION A Pt► &AfuWalSeneftCoipor Um Date: November 3, 2017 By: Ron Crisp, President 0 Date: November 3, 2017 Josanne Smith, Vice President DECLARANT PD HOLDINGS, LP, A Callfornla limited partnership Date: November 3, 2017 By: PD Holdings, Inc., a Califomia corporation, its General Partner r By: , Wilf WeinIJA kauf, Authorized ent COPY 17 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 4ECEIVEU CIr CLERK'S OFFICE I') . H DES;:, I 6 U 9: 4 0 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 RECEIVED CI T Y CLEF fC'S OFFICE f'ALH [7EsEp TO: PALM DESERT CITY COUNCIL. 2 L. 1: 0 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. Sincerely, Barbara Powers Secretary of OPEN SPACE ACTION COMMITTEE RECEIVED CITY CLERK'S OFFICE PAl.N DESERT, C �. 1-7-2020 JaN -7 PM I: 40 TO; Gina Nestande, Mayor Kathleen Kelly, Mayor Pro Tem 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 COMING SOON AN❑ 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. W Ir je �pW�t j �riUVS�� ��QSt WpY t THE VILLA. SA_ ELM DESERT S � FICE a ■ L' 11 0\re u} � e a rs C•,ka 1. ?k cc e e o ow T ttr E NT2I Wa L r� PAL esev ecau n.-r� LL u P . O T PJ,-G ��I\sev-r 3. 5-t- Rots, �f �r� lnhQ0.r;ti (fOe.L,C) i 5 S eke. a V l � �--tc�e� I — �- ZDZU T t)SL i v� . � NOW: Cheek 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. V7I2020 Real Estate I Monark Group Palm Desert Country Club Proudly maintaining its status as one ❑f the best golf courses in the Coachella Valley, Palm Desert Country Club offers a world class golfing and dining experience. This full )8-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 ❑f 69 units. Situated on 39 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 J spa, pathways throughout the property, as well as tennis and pickleball courts. https:!'www. monark.ccmlrea I-estate1 5115 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 diann . @ m er golf.cQm 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 59 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 taming 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 or 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 came 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 op portu n ity 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 -- T appealing place for golf lovers to live in Palm Desert, and we entourage you to visit the C I u 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 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 better job of selling people on our Palm Desert Country Club Homes for sale here than the excellence of the 18 holes on our course. 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 @palmdesertg fcom with questions or interest in the project. Site Maps Newsletter Reviews Contact Us Get Social 213 Sign up to be the first to ) Rcad rcYnw6 alPdm 77-200 California Drive know about specialdeals Desert C—Lryclu6 Palm Desert, CA, 92211 and events. )MtriP,Ifj itior Phone Toil Free: 1 (800) 501-5431 Send Phone Local: (760) 345-0222 Email: clubhouse @ pal m d e se rtgo If.co m Facebook Twitter YouTube 3/3 Next; Checked out Monark Group's Web Site in Surrey,B.C. See Attached.: They too are offering info on condos. 1/7/2020 Real Estate I Monark Group ■1►►1910FA1VL, GROUP 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 https:llwww. mona rk.comlreal-estate1 11,15 -A&A Palm Desert C o u it T 1' v CI 11 I) 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. On 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. 11712020 Subdivision Public Reports Lookup System Ak I RF, f 3(WgW 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 - Sea roh results wi11 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 01101/2014 are available on this site. Please contact the subdivision section at (916) 5763374 for reports older than 0110112014. SEARCH File Number: Subdivision Name: VILLAS County: RIVERSIDE Tract Number: 37240 Subdivider: PD HOLDINGS Start Date: End Date: Sewt+r 9brportl RESULTS No results found. Only public reports from 2014 or newer are available online. 1W Select Language Powered by o Translate Back to Top i Conditions of Use i Accessibility I Contact Us Copyright �D 2012 State of California https://spris.dre.ca.gov 1.1 1/7/2020 Subdivision Public Reports Lookup System 166 I)Rt: 4 r , r JJ./ . SCVPAS 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 wi11 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 01/0112014 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 DateMWAMA RESULTS Nc results found. Only public reports from 2014 or newer are available online. naaa Select Language ■ Powered by Translate Sack to Top I Conditions of Use I Accessibility I Contact Us Copyright & 2012 State of California https lUsprls.dre.ca.gov 1:1 1 1712020 r J _. 1 v ,k,S 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 criteHe below. The Public Re part is available 15 days after issuance. Search results will be limited to 1O0 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 (Vote: Only public reports newer than 0110112014 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: ' Seater _ RESULTS No results found. Only public reports from 2014 or newer are available online. a Select Language Powered by v • Translate Back to Top J Conditions of Use 1 Accessibility I Contact Us Copyright © 2012 State of California https://spds.dre-ca.gov 1 `1 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. 1/712020 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-mole course features stunning views and beautiful landscaping. Visiting Palm Desert Country Club loaves 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, \y we. a 5 [1 Tit https:llwww. monark, com Ire a I -es t Wei 5115 1/712020 Public License Lookup - DIRE 04 l]Itl•: AW 'Oksu**Rs uc"WIS ""WiES DEVFLOKRS Pubtic License Information 1.61K Please enter the Lioensee's Name (Last Name. First Name). Company Name or License Identification Number. Name Search Heip II 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 (PRLS). click here. Disclaimer: DRE is aware of fraudulent attempts by unlicensed persons to use the names andlor information of real estate licensees to illegally engage in real estate licensed activities. For more information please read our consumer alert here. LicenseefCompany Name: PO HOLDINGS Mailing Address City (optional). OR License ID: Find Ctear Note: The "Mailing Address City" may differ from the licensee's main office andlor branch office city. No matching public record was found for Licensee: PD HI}LDING$ If you have been solicited by or are involved in a transaction with an unlicensed person or company, please notify the Department of Real Estate immediately by submitting an online complaint. IN Select Language Powered by Translate This Google translation feature is provided for informational purposes only as ORE 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 business. Accessibility i Conditions of Use l Contact Us I Privacy Policy j Site Map Copyright © 2Df 2 State of California www2.dre. ca.govlPubIicASPlpplinfo.asp?start=1 1 1 1 1/712020 Public License Lookup - ARE I7RF. CIC*41Jw AS LICENSE £ S Public License Information fXMAMRES [yEVEiDPERS 1 to 4 of 4 matches License ID Name License Type Mailing Address City 01458177 Todd, Diana Alvear Salesperson BRIDGEPORT 0200627E Todd, Diana Lynn Salesperson MANTECA 01079874 Todd, Diane L Salesperson FRESN❑ 00988988 Todd, Diane Lynn BrokerlOfficer SEAL BEACH Note. The "Mailing Address Cr y" may differ from the licensee's main office andlor Branch office city. 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Accessibility I Conditions of Use I Contact Us I Privacy Policy I Site Map Copyright C0 2D12 State of California www2.dre. ca. govJPubIicASPlppIinfo.asp?start=l 111 11712020 Public License Lookup - DIRE [)RV At ccftsk"RS l MCE►lliSEES Public License Information .. ..d ORF , u, Ex"Was3 DEW10"R3 1 to 4 of 4 matches License ID Name License Type Mailing Address City 01458177 Todd, Diana Alvear Salesperson BRIDGEPORT 02006276 Todd, Diana Lynn Salesperson MANTECA 01079B74 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. NEW SEARCH 1,6K Mortgage Loan Originator 4W Select Language Powered by Translate This Go ogle iransla Pion tea fore Is provided for informational purposes only as DRE is unable to gua ra wee the ac Curd cy of this Ira ns lalion. Please consult a tran sla tar for accuracy it you are relying on the fransiation or are using this site for offocial business. Accessihiiity I Conditions of Use I Contact Us i Privacy Policy I Site Map Copyright @ 2D12 State of California www2.dre.ca.gov/PublicASPlpplinfo.asp?start=1 1/1 1/7/2020 Public License Lookup - ORE ..i,!fr DRE , l:uniaUt.is I N3Wb1uufl, I i--Ills INJGpC31liV;5 04 DRE, r r Public License 1nfarmatian 1.fiK 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 (PRLS), 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 acOvities. For more information please read our consumer alert here, LicenseelCompany Name: PALM DESERT COUNTRY CLUB Mailing Address City {optional): OR License 117: Find Clear Note: The "Mailing Address City" may differ from the licensee's main office and/or branch office city No matching public record was found for Licensee: PALM DESERT COUNTRY CLUB If you have been solicited by or are involved in a transaction with an unlicensed person or company, please notify the Department of Real Estate immediately by submitting an online complaint. Select Language Powered by Translate This Google translation feature is provided far inform a lion aipurposes only as DRE is unable to guarantee the accuracy of this translation. Please consulta translator for accuracy if you are relying on the translation or are using this site far official business. 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Disclaimer: ORE is aware of fraudulent attempts by unlicensed persons to use the names andlor Information of real estate licensees to illegally engage in teal estate licensed activities, For more information please read our consumer alert here- Licensee/Company Name: MONARCK GROUP Malling Address City loptional]: OR License ID: Find Clear Note: The "Mailing Address City' may differ from the licensee's main office andlor branch office city No matching public record was found for Licensee: MONARCK GROUP if you have been solicited by or are involved in a transaction with an unlicensed person or company, please notify the Department of Real Estate immediately by submitting an online complaint. Select Language Powered by Translate This Google translation feature is provided for in form ationalpurposes only as LIRE 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 business. Accessibility I Conditions of Use i Contact Us I Privacy Policy i Site Map Copyright C 2012 State of California www2.dre.Ca.gov/Pu b Ii CA S Pl p pl i rifo. as p?sta rt= 1 11 STAFF REPOERT FOR 1-9-2020 OPEN SPACE ACTION COMMITTEE IS ASKING THAT YOU NOT AMMEND THE OPERATION AN❑ MAINTENANCE AGREEMENT (CMA) BETWEEN THE CITY OF PALM DESERT AND P❑ HOLDINGS LLC., FOR THE OPERATIONS AN❑ 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 CON DO'S GAVE YOU A LETTER STATING THE MAINTENQANCE AGREEMENT WAS STILL VALID. THE HOA HAS NOT REPRESENTE❑ 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 PROFESSION AI. CORPORATION MATTrai@w T. W1 nD. ESQ. 44-651 Virm AOt COURT ADIUTTED IN CA. AND TEXAS SUITE 1.21 PAI.A3 DESERT. CA 92260 PxoNm 760.834.8210 I+ Ax: 760.860.6600 E-NIAII.: inward@mvmdJawearp.eom 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 oven suave to mixed use residential for construction of 69 condominium units on avurox.imately 30 acres located on the former executive vold 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 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 DMA 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. 1. The Maintenance Agreement Annlies to the Entire "Property", and is Not Limited to Areas Used for Golf Provided that Golf is Conducted on the Prouerty. 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, includinp, but not limited to, an eighteen (18) hole golf course and a nine (9) hole executive course (collectively "Golf Course"), 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 "Proverty 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 WARD LAW GROUP A PRoFEssroN m CDRpoRA'iioN 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, hind Owner's successors and assigns (which includes the Applicant), and "shall remain in effect for so lone as the Proverty is used as a golf 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 he unsupportable given the clear language of Recital C and Sections 3.113.8 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 DMA Was Cleary Intended to Apply to Maintenance of the Entire Property Includinu anv Golf Course, and that Intent Should Not Be Disreearded. 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 WARD LAW GROUP A PROPESSiONA.L CORPORATION Section 3.2 of the DMA 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 Property 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 DMA 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 DMA 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 i,AQ.YjLe.ation, especially when section 3.8 is read in connection with sections 3.2 and 4.3 _ 3. The DMA Was A Stated Condition of Approval of the Development Agreement, Which Was Recorded on the Same Date as the DMA. 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 DMA. 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 WARD LAW G ROT-TP A PROFESSIONAL 0oRPoRATioN "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/AnDheant to ComDly 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-hale 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 WAIRD LAW GROUP .A PRorEsaxoN,A-L CoHPoR.&9bioN 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 Klassen, Rachelle From: Lisa Theodoratus <lisatheo@msn.com> Sent: Wednesday, January 08, 2020 3:08 PM To: Klassen, Rachelle Subject: Request postponement for PDCC maintenance agreement - January 9 council agenda Importance: High Hi Rachelle I am asking for a postponement of the Palm Desert Country Club maintenance agreement item that is scheduled for the January 91'' city council meeting. The notices were postmarked December 26 and my notice did not even arrive until January 3 with the holiday mail which is a very short window for affected property owners, I live in San Francisco and am personally unable to attend due to the short notice. I have many issues with the way documents were written for this item and nothing has been done to correct the wording of the change to maintenance agreement with the current golf course property owner. If this is allowed to pass without protective clauses for the community requiring maintenance of the entire property the 18 hole course can and will be shut down with maintenance only required on the "desert scape" areas and not the greens as soon as building permits are issued for the condo infill. Then there will then be yet another developer applying for infill on the 18 hole property! The below from the proposed document states that any area no longer "used" as golf course will not require maintenance and therefore this document has no protective covenant at all and in fact encourages the property owner to cease operations. " 11 Operation and Use of • 1'roperry by Owner: Owner intends In operate, or cause to he operated, uponthe Property, a semi -private golf course facility in C= accordance with this Agreement in a prudent businesslike manner consistent with the operations of an average semi -private gulf course facility allowing use by both members� dram--rr; of the public and private members, in the Palm Desert area, and consistent and in t a � rn ` = Compliance with all applicable provisions of federal, state and local laws and 0 �7 regulations. In addition to the forgoing, it is agreed that an), portion of* srrch golf course -o -,a 00 landscaped with drought tolerant landscaping shall be maintained at all times in � ' a r_— accordance with the Cite standards attached hereto as.Exhibit "D":, Notwithstanding the forgoing, should Owner cease operating a golf course on an), portion of the Properly, the forgoing covenant regarding maintenance of a golf course will no longer apply to such portion of the Properiy no longer used as a golf course. " We have several other issues going on here as well, one of which is the additional infill submitted to planning involving the same property with the first lot slated on Elkhorn Trail as a model home for the condo infill. That project should be part of the conversation at the city council meeting. No notice to HOA property owners has been made and it is my understanding that the developers are asking for all of the lots that were removed in the 2003 infill as buildable lots. The planning department seems to be only conversing on this with the PDCCA board chair who has no authority to agree to this infill on his own as I believe that authorizing the overlay would need to go to the full HOA membership for vote and could not be approved by the HOA chair as the protective land convents from the 60's are legally valid and cover those lots. In any case the city council Then we have the issue of the modified protective covenant agreement which would prohibit the infill noted in the above paragraph and is part of the maintenance agreement. There are quite honestly so many issues with this agenda 1 item that need to be looked at and modified before going to the city council for approval I could go on for pages more but in the interest of time and hopefully continuance of the item I am sending this to you now. Kind Regards, Lisa Theodoratus, Owner The Cruise Experience (J� 415 457-7186 Lisa PTheCruiseExgerience.com ENSEMBLE a�: r T,11LIiSC TRAVEL"Group