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HomeMy WebLinkAboutRes No 1322PLANNING COMMISSION RESOLUTION N0. 1322 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT. CALIFORNIA. RECOMMENDING TO COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT SPECIFYING TERMS AND CONDITIONS OF A MASTER PLAN OF DEVELOPMENT FOR THE VILLAGES OF BELLA VISTA. WHEREAS. the Planning Commission of the City of Palm Desert, California. did on the 15th day of November. 1988, hold duly noticed public hearings to consider a development agreement by and between the City of Palm Desert and Beachstone Joint Venture LTD. WHEREAS, at said public hearing. upon hearing and considering all testimony and arguments of all interested persons desiring to be heard said city council did find the following facts to exist to approve said development agreement. 1. The agreement is consistent with the zoning on the property. 2. The agreement is consistent with the city's adopted general plan. NOW. THEREFORE. BE IT RESOLVED by the Planning Commission of the City of Palm Desert. California, as follows: 1. That the above recitations are true and correct and constitute the findings of the commission in this case; 2. That it does hereby recommend approval to the city council of this agreement as provided in the attached exhibit, labeled Exhibit "A". PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission. held on this ,15th day of November. 1988, by the following vote. to wit: AYES: RICHARDS, DOWNS, LADLOW, WHITLOCK, ERWOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE RICHARD ERWOOD, Chairman RAMON A. DIAZ. Secretary :A /fr DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into this , 1988, by and between BEACHSTONE JOINT VENTURE LIMITED, a California Limited Partnership ("Property Owner") and the CITY OF PALM DESERT ("City"), a municipal corporation organized and existing under the laws of the State of California. RECITALS This Agreement is predicated upon the following facts: 1. Government Code Sections 65864 through 65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to establish certainty in the development process; 2. Under Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements; 3. Property Owner has requested thelCity to consider entering into a development agreement and review proceedings have been taken in accordance with the City's rules and regulations and Government Code Section 65867; 4. The City Council has found that this Agreement is consistent with the objectives, policies, general land uses and programs specified in the City's General Plan; and 5. The long-term character of the development of the Project gives rise to certain development risks and uncertainties that could, In the absence of this Development Agreement, deter and discourage the Property Owner, its lenders and Successor -Owners from making the long term commitments necessary to successfully complete the contemplated development and the attainment by the City of its objectives as above discussed. 6. On , 19, the City Council of the City adopted Ordinance No. approving this Agreement with Property Owner and Ordinance No. thereafter took effect on , 19_ requires: NOW, THEREFORE, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise (a) "Annexation" shall mean the annexation of the Property to the City of Palm Desert. (b) "City" is the City of Palm Desert. EXHIBIT A DEVELOPMENT AGREEMENT (c) "District Regulations" shall mean the pre -annexation zoning ordinance known as Villages of Bella Vista Planned Community District Regulations approved by the City pursuant to Ordinance No. , as amended by Ordinance No. (d) "Effective Date" of this Agreement shall be thirty (30) days after adoption. (e) "Project" is the development of the Property pursuant to this Agreement and the District Regulations. (f) "Property" is the real property referred to in Paragraph 4 hereof. (g) "Property Owner" is Beachstone Joint Venture, Limited, and their successors and assigns. 2. Exhibits. The following documents are referred to in this Agreement, attached hereto and made a part hereof by this reference: Exhibit Designation Description A Legal Description of the Property. Ordinance Nos. and , Villages of Bella Vista Planned Community District Regulations and Amendments. 3. Conditions Concurrent to Execution and Approval of DevelopmentAgreement. Currently herewith, the City is considering an Amendment to the District Regulations. Upon approval of said Amendment, said Amendment shall be part of this Agreement as Exhibit B entitled, "Villages of Bella Vista Planned Community District Regulations, as amended." 4. Description of Property. The Property which is the subject to this Agreement is described in Exhibit "A". 5. Interest of Property Owner. Property Owner represents that it is the fee simple owner of the Property. 6. Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors In interest to the parties hereto. 2 EXHIBIT A DEVELOPMENT AGREEMENT 7. Relationship of Parties. It is understood that the contractual relationship between the City and Property Owner is such that the Property Owner is an independent contractor and not the agent of the City. 8. City's Approval Proceedings for Project. On 19_, the City'completed the approval of pre -annexation zoning for the Property. These are described in proceedings designated Villages of Bella Vista Planned Community District Regulations on file in the office of the City Clerk to which reference is made for further particulars. 9. 'Hold Harmless. Property Owner agrees to and shall hold the City, its officers, agents, employees' and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the direct or indirect operations of the Property Owner or those of its contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the Project. The Project includes the Palm Valley Channel Right of Way Improvements or such other public improvements as may be dedicated to the City or any other public entity. 10. Obligations of City and Property Owner. (a) City shall provide Property Owner with all necessary and appropriate easements over or through property owned by the City, at no cost to Property Owner and as identified by Property Owner, through or within the public right of way owned or controlled by the City for the drilling of water and for the transmission of water from water sources within the City to the Property or to the Palm Valley Channel, as the case may be. (b) Property Owner shall convey clear title to the City or its designee to the Palm Valley Channel Right of Way as described in Section 12 hereof. (c) City warrants and represents that the City has completed all general plan and other entitlements necessary to allow the fulfillment of this Agreement. (d) All areas designated as natural or public open space within the Villages of Bella Vista Planned Community District Regulations shall be dedicated to the City upon annexation and recordation of a parcel map dividing Planning Area 13 and 10a from the balance of the Property. City covenants: (1) to not de -annex the Property, and 3 EXHIBIT A DEVELOPMENT AGREEMENT (2) to forever waive any and all open space dedication requirement or payment of fees in lieu thereof with respect to the property. Not withstanding anything herein to the contrary, the covenants set forth immediately above shall, upon dedication of Planning Area 13 and 10a, survive the termination of this Agreement by default or otherwise. (d) Planning Area 11 shall be retained by the Property Owner until a suitable replacement site is dedicated to the City of the commencement of construction of Sun Creek (the approximately 103 acre parcel immediately across State Highway 74 from the Property), whichever first occurs, it being the intent of the parties to retain the flexibility to incorporate Planning Area 11 into a developmentproposal, to be approved or rejected by the City, in its sole and absolute discretion, which integrates the Property with Sun Creek. The City and the Property Owner further acknowledge that the Property Owner is seeking to effectuate a land exchange with the Bureau of Land Management ("BLM") with respect to Planning Areas 13 and 10a and each agree to cooperate with the other to that end so as to expand the'golf course/open space land for any such integrated development. 11. Specific Restrictions on Development of Property. The permitted uses of the Property, density and intensity of use, the maximum height and size of proposed buildings and provisions for reservation and/or dedication of land for public purposes are specifically set forth in the District Regulations and Site Plan attached hereto as Exhibit "B". 12. Public Improvements, Facilities and Services. Property Owner agrees to provide the Palm Valley Channel Right of Way as described in Exhibit "C" to the City or its designee. Property Owner shall offer to convey such Right of Way at any time after the effective date of this Agreement pursuant to the. Acquisition and Reimbursement Agreement attached to the Settlement Agreement as Exhibit "0". Such conveyance shall be accepted upon Annexation of the Property to the City of Palm Desert. The City agrees to impose a condition on any other development approvals (other than Sun Creek and Villages of Bella Vista) which development will benefit from the Site Improvements (as defined in the Acquisition and Reimbursement Agreement) requiring the owner of any other such property or properties to enter into a reimbursement agreement and/or pay fees to the City and/or Coachella Valley Water District, as appropriate, to reimburse the Property Owner with respect to such Site Improvements. 13. Subsequent Discretionary Actions of the City. The City acknowledges that by electing to enter into contractual agreements such as this one, the obligations of which shall survive beyond the term or terms of the present members of the City Council, such action will serve to bind the City 4 EXHIBIT A DEVELOPMENT AGREEMENT and future City Councils to the obligations thereby undertaken, and this Development Agreement shall limit the future exercises of certain governmental and proprietary powers of the City. By obligating the City pursuant to this Development Agreement, the City Council has elected to exercise certain governmental and proprietary powers at the time of entering into this Development Agreement rather than deferring its actions to some undetermined future date such that no subsequent discretionary actions of the City shall limit development of -the project. The terms and conditions of this Development Agreement have been reviewed by the City and its City Council and have been found to be fair, just and reasonable and in the interest of the public health, safety, welfare and economic well being. 14. Effect of Agreement on Land Use Regulations. The rules, regulations and official policies governing permitted uses of the Property, the density of the Property, the design, improvement and construction standards and specifications applicable to development of the Property are those rules, regulations and official policies that have been approved, adopted and amended as of the effective date of the Ordinance approving this Development Agreement, and as set forth in the District Regulations. During the term of this Agreement, the Property Owner shall have the right to develop the Project in accordance with the standards set forth in the District Regulations and City shall not interpret such standards so as to limit development to less than 1,066 units, a 325 unit hotel (or some combination thereof as set forth in the District Regulations) and an 18 hole golf course unless requested to do so by Property Owner. The City shall process the development of the Project, including without limitation, Annexation of the Property to the City of Palm Desert and all discretionary and ministerial approvals with all due diligence. Master Plan Drainage fees shall be determined on a per acre basis within six (6) months from the Effective Date of this Agreement based on a master plan drainage study applicable to the area of which the Property is a part. Any such fee shall be applied only to that portion of the Property which does not drain into the Palm Valley Channel and shall be uniform throughout the area so studied. Such fees shall be payable incrementally upon recordation of subdivision maps. This Development Agreement will promote and encourage the development of the Project by providing the Property Owner and its creditors with a greater of degree of certainty of the Property Owner's ability to economically complete the Project. The City acknowledges and agrees that in addition to its contractual obligation to permit development of the Project in accordance with this Agreement, the Property Owner has made a substantial expenditure of funds in good faith reliance on the discretionary approvals set forth in the District Regulations and, therefore, creates a vested right of behalf of the Property Owner, and/or its successors or assigns, to develop the Project in accordance with the standards set forth in this Agreement and the District Regulations under the Constitutions of the United States and the State of California. 5 EXHIBIT A DEVELOPMENT AGREEMENT 15. Periodic Review of Compliance with Agreement. (a) The City shall review this Agreement at least once every 12 month period from the date this Agreement is executed. (b) During each periodic review by the City, the Property Owner is required to demonstrate good faith compliance with the terms of the Agreement. The Property Owner agrees to furnish such evidence of good faith compliance as the City in the exercise of its discretion may require. (c) City does not waive any claim of defect in performance by Property Owner implied if on periodic review the City does not propose to modify or terminate the Agreement. 16. Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Section 65868, except that failure by the Property Owner to meet those obligations set forth in item 10 (b) shall make this Agreement and all approvals, contracts, and agreements related to this Development Agreement null and void and of no effect. 17. Enforcement. Unless amended or cancelled as provided in Paragraph 16, this Agreement is enforceable by either party hereto notwithstanding a change in the applicable general or specific plan, zoning, fees imposed as a condition to Development, subdivision or building regulations adopted by the City which alter or amend the rules, regulations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications; provided, however, that this Agreement shall not prevent the City, in subsequent actions applicable to the Project and/or Property, from applying new rules, regulations and policies which do not conflict with this Agreement and those rules, regulations and policies applicable on the date this Development Agreement is approved. For purposes of this Paragraph, the term "do not conflict" means new rules, regulations and policies which do not: (a) modify the permitted types of land uses, the density or intensity of use, the maximum height and size of proposed buildings on the Property, or impose requirements for reservation or dedication of land or payment of fees, assessments, taxes, or other governmentally imposed exactions, however denominated, other than those provided for in this Development Agreement: or (b) prevent the Property Owner from obtaining all necessary approvals, permits, certificates and the like at such dates and under such circumstances as the Property Owner, its assigns and/or successor -owners would otherwise be entitled by existing rules, regulations and official policies; or 6 EXHIBIT A DEVELOPMENT AGREEMENT (c) prevent the Property Owner, its assigns and/or successor - owners from commencing, prosecuting and finishing grading of the land, constructing public, and private improvements and satisfying the schedules as the Property Owner, its assigns and/or successor -owners would otherwise be entitled to do so by existing rules, regulations and official policies; or (d) escalate the cost of construction or of selling land, housing, and/or other structural improvements in the Property. The Property Owner and the City agree that the Property Owner and the City shall cooperate in ,good faith in an effort to agree upon any and all future changes in or: amendments to existing rules, regulations and. official policies, which may be proposed for adoption. 18. Default by Property Owner. Property Owner is in default under this Agreement upon the happening of one or more of the following events or conditions: (a) if a warranty, representation or statement made or furnished by Property Owner to the City is false or proves to have been false in any material respect when it was made; (b) a finding and determination by the City made following a periodic review under the procedure provided for in Government Code Section 65865.1 that upon the basis of substantial evidence the Property Owner has not complied in good faith with the conveyance of the Palm Valley Channel Right of Way. Failure of the Property Owner to develop the Project shall not result in liability of the Property Owner. 19. Default by City. City is in default under this Agreement if it fails to accept. review, approve or issue necessary development permits, entitlements, or other land use or building approvals for use in a timely fashion as defined by this Development Agreement or City otherwise defaults under the terms of this Agreement. 20. Procedure Upon Default. (a) Upon the occurrence of an event of default, the City may terminate this Agreement in accordance with the procedure adopted by the City. (b) An express repudiation, refusal or renunciation of the contract, if the same is in writing and signed by the Property Owner, shall be sufficient to terminate the Agreement and a hearing on the matter shall not be required. 7 EXHIBIT A DEVELOPMENT AGREEMENT (c) Non-performance shall be excused only when it is prevented or delayed by acts of God or an emergency declared by the Governor of the State of California, or the adoption of a state or federal law which delays or prevents performance. (d) All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements are available to the parties to pursue in the event there is a breach. 21. Right to Convey. The Property Owner may convey all or any portion of its rights, title and interest and obligations existing from time to time under this Development Agreement, including the Land Use Entitlements, to Successor -Owners. Such conveyance shall be in written form recorded in the Official Records of the County of Riverside, California, and indexed in the grantor -grantee index. Likewise, the Successor -Owners may establish their own Successor -Owners. The Property Owner will represent to purchasers of the Property or portion thereof that the obligations of the City herein undertaken are in full force and effect and inure to the benefit of such successor owners. The City acknowledges that the Property Owner might be subject to substantial liability if the City were to default in its obligations herein undertaken. 22. Attorneys Fees and Costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party shall be entitled to attorneys fees and court costs. 23. Recordation. The Clerk of the City Council shall record this Development Agreement with the Riverside County Recorder no later than ten (10) days after the effective date of the ordinance approving this Development Aareement. 24. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mall, postage prepaid. Notice required to be given to City shall be addressed as follows: Ramon A. Diaz Assistant City Manager/Director of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 8 EXHIBIT A DEVELOPMENT AGREEMENT Notices required to be given to Property Owner shall be addressed as follows: Beachstone Joint Venture, Limited 1650 South Pacific Coast Highway Suite 308 Redondo Beach, California 90277 Copy to: Stradling, Yocca, Carlson & Rauth Attn: Thomas P. Clark Jr. 660 Newport Center Drive, Suite 1600 Newport Beach, CA 92660-6441 A party may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 25. Rules of Construction and Miscellaneous Terms. (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) If a part of this Agreement is held to be invalid, the remainder of the Agreement is not affected. (c) If there is more than one signer of this Agreement their obligations are joint and several. (d) The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of an Agreement. (e) It is intended and determined that the provisions of this Development Agreement shall constitute covenants which shall run with the land comprising the Property for the benefit thereof, and shall not represent personal obligations of individual members of the Property Owner, its successors or assigns. 26. Duration of Agreement. This Agreement shall commence upon the effective date of the Ordinance of the City adopting this Development Agreement and shall expire seventeen (17) years after completion of annexation proceedings, unless said term is otherwise terminated, modified or extended pursuant to Section 16 herein. 9 EXHIBIT A DEVELOPMENT AGREEMENT IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. Approved as to form: CITY By: Attest: PROPERTY OWNER BEACHSTONE JOINT VENTURE, LIMITED By: President of its General Partner 10 EXHIBIT A DEVELOPMENT AGREEMENT EXHIBIT A LEGAL DESCRIPTION Six Hundred Eighty (680) acres located in Section 1, Township 6 South, Range 5 East and Section 6, Township 6 South, Range 6 East, San Bernardino Meridian located on the west side of and known as the Villages of Bella Vista Highway 74 and the 103 acres located in Section 6, Township 6 South, Range 6 East, San Bernardino Muridian located on the east side of Highway 74 and known as Sun Creek. 11