HomeMy WebLinkAboutRes No 1434PLANNIIC C M4ISSI t RESOLVPION NO. 1434
A RESOLUTION OF THE PLANNING COMMLISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING
APPROVAL OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT, PRECISE PLAN OF DESIGN AND
DEVELOPMENT AGREEMENT TO CITY COUNCIL TO ALLOW
CONSTRUCTION OF 16 NEW APARTMENT UNITS FOR A
TOTAL OF 20 UNITS AT 44-457 AND 44-525 SAN RAFAEL
AVENUE.
CASE NO. PP 90-4
WHEREAS, the Planning Caimission of the City of Palm Desert, California,
did on the 17th day of April, 1990, hold a duly noticed public hearing to
consider the request of SCHMITZ-ANDERSON to consider the above mentioned
project; and
WHEREAS, said application has ccmplied with the requirements of the "City
of Palm Desert Procedure for Implementation of the California Environmental
Quality Act, Resolution No. 80-89," in that the director of community
development has determined that the project will not have a significant
negative impact on the environment; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said planning commission did find the following facts and reasons to
exist to justify granting approval of said precise plan:
1. The design of the precise plan will not substantially depreciate
property values, nor be materially injurious to properties or
improvements in the vicinity.
2. The precise plan will not unreasonably interfere with the use or
enjoyment of property in the vicinity by the occupants thereof for
lawful purposes.
3. The precise plan will not
or general welfare.
NOW, THEREFORE, BE IT RESOLVED
Palm Desert, California, as follows:
endanger the public peace, health, safety
by the Planning Commission of the City of
1. That the above recitations are true and correct and constitute the
findings of the commission in this case.
2. That approval of Precise Plan 90-4 and Development Agreement are
hereby recommended to city council, subject to the attached
conditions.
PLANNING CCTuSSION RESOLUPION O. 1434
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Camiission, held on this 17th day of April, 1990, by the following
vote, to wit:
AYES: ERWOOD, RICHARDS, AND WHITLOCK
NOES: NONE
ABSENT: DOWNS
ABSTAIN: JONATHAN
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CAROL WHITLOCK, Chairperson
PLANNING QNMISSICN RESOLUTION ND. 1434
ODNDITIONS OF APPROVAL
CASE ND. PP 90-4
Department of Community nity Development:
1. The development of the property shall conform substantially with exhibits
on file with the department of community development/planning, as modified
by the following conditions.
2. Construction of a portion of said project shall eminence within one year
from the date of final approval unless an extension of time is granted;
otherwise said approval shall become null, void and of no effect
whatsoever.
3. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all
municipal ordinances and state and federal statutes now in force, or which
hereafter may be in force.
4. Prior to issuance of a building permit for construction of any use
contemplated by this approval, the applicant shall first obtain permits
and/or clearance from the following agencies:
Coachella Valley Water District
Palm Desert Architectural Commission
City Fire Marshal
Public Works Department
Palm Desert Water & Services District
Evidence of said permit or clearance from the above agencies shall be
presented to the department of building and safety at the time of issuance
of a building permit for the use contemplated herewith.
5. Access to trash/service areas shall be placed so as not to conflict with
parking areas. Said placement shall be approved by applicable trash
company and department of community development.
6. All future occupants of the buildings shall comply with parking
requirements of the zoning ordinance.
7. All sidewalk plans shall be reviewed and approved by the department of
public works prior to architectural review commission submittal.
•8. Project is subject to Art in Public Places fee per Ordinance No. 473.
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PLANNI g cXM uSSION RESOLUTION NJ. 1434
9. Final landscape plans shall comply with parking lot tree planting master
plan.
10. Applicant agrees to maintain the landscaping required to be installed
pursuant to these conditions. Applicant will enter into an agreement to
maintain said landscaping for the life of the project, which agreement
shall be notarized and which agreement shall be recorded. It is the
specific intent of the parties that this condition and agreement run with
the land and bind successors and assigns.
11. Prior to issuance of a building permit the applicant shall enter into a
development agreement with the City of Palm Desert providing four
affordable units within the project.
12. A deed restriction shall be added to the property limiting occupants to a
minimum age of 55 years. The city shall have the ability to audit the
property owners rental records at any time to insure compliance.
13. Approval of this precise plan is contingent upon execution and recordation
of an acceptable development agreement between the city and property
owner.
14. The wall on the rear property line shall be constructed of block, not
wrought iron as called out on the plan.
15. Four more paim trees shall be provided on the west end of the parking area
grouped in pairs.
16. Second story balcony facia shall be extended the length of the elevation
per Architectural Review Commission direction.
Department of Public Works:
1. Drainage fees, in accordance with Section 26.49 of the Palm Desert
Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior
to the issuance of any permits associated with this project.
2. Any storm drain construction shall be contingent upon a drainage study
prepared by a registered civil engineer that is reviewed and approved by
the Department of Public Works.
3. Signalization fees, in accordance with City of Palm Desert Resolution Nos.
79-17 and 79-55, shall be paid prior to the issuance of any permits
associated with this project.
4. Full public improvements, as required by Sections 26.40 and 26.44 of the
Palm Desert Municipal Code, shall be installed in accordance with
applicable city standards.
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PLANNING CCIVISSICN RFSOLUPICN ND. 1434
5. As required under Palm Desert Municipal Code Section 26.28, and in
accordance with Sections 26.40 and 26.44, complete improvement; plans and
specifications shall be submitted to the Director of Public Works for
checking and approval before construction of any improvements is
commenced. Offsite improvement plans shall be reviewed and approved by
the Director and a surety posted to guarantee the installation of all
required offsite improvements prior to issuance of a grading permit. Such
improvements shall include, but not be limited to, minimum six foot wide
concrete sidewalk and construction of city standard drive approaches. "As
built" plans shall be submitted to, and approved by, the Director of
Public Works prior to the acceptance of the improvements by the City.
6. All private driveways and parking lots shall be inspected by the
engineering department and a standard inspection fee paid prior to the
issuance of a grading permit.
7. Landscaping maintenance on San Rafael Avenue shall be the responsibility
of the property owner.
8. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public
Works for checking and approval prior to the issuance of any permits
associated with this project.
9. Size, number and location of driveways shall be to the specifications of
the Department of Public Works with three driveway approaches to be
allowed to serve this property.
10. Proposed building pad elevations are subject to review and modification in
accordance with Section 27 of the Palm Desert Municipal Code.
11. Any and all off -site improvements shall be preceded by the approval of
plans and the issuance of valid encroachment permits by the Department of
Public Works.
12. A complete preliminary soils investigation, conducted by a registered
soils engineer, shall be submitted to and approved by the Department of
Public Works prior to the issuance of a grading permit.
13. As required under Section 12.16 and 26.44 of the Palm Desert Municipal
Code, all existing overhead utilities shall be placed underground per each
respective utility district's recommendation. If determined to be
unfeasible, applicant shall submit to the city, in a form acceptable to
the city attorney, surety in an amount equal to the estimated construction
cost for the subject undeLyLuunding.
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PLANNING 0:14IISSICN RESOLUTION NO. 1434
14. If a lot consolidation (parcel map waiver) is requested by the applicant,
that process shall include provisions for either the pay-off or
reapportionment of any existing city assessments against the subject
properties.
Riverside Cbunty Fire Department:
1. With respect to the conditions of approval regarding the above referenced
plan check the fire department recommends the following fire protection
measures be provided in accordance with city municipal code, NFPA, UFC,
and UBC and/or recognized fire protection standards: The fire department
is required to set a minimum fire flow for the remodel or construction of
all commercial buildings per Uniform Fire Code Sec. 10.301C.
2. Provide, or show there exists, a water system capable of providing a
potential gallon per minute 1500 for single family, 2500 for multifamily,
and 3000 for commercial. The actual fire flaw available from any one
hydrant connected to any given water main shall be 1500 gpm for 2 hours
duration at 20 psi residual operating pressure.
3. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating
pressure must be available before any combustible material is placed on
the job site.
4. The required fire flow shall be available from a Super hydrant(s) (6" x 4"
x 2-1/2" x 2-1/2"), located not less than 25' nor more than 200' single
family, 165' multifamily, and 150' commercial from any portion of the
building(s) as measured along approved vehicular travelways. Hydrants
installed below 3000' elevation shall be of the "wet barrel" type.
5. Provide written certification from the appropriate water company having
jurisdiction that hydrant(s) will be installed and will produce the
required fire flow or arrange field inspection by the fire department
prior to request for final inspection.
6. A combination of on -site and off -site Super fire hydrants (6" x 4" x 2-
1/2" x 2-1/2") will be required, located not less than 25' or more than
200' single family, 165' multifamily, and 150' commercial from any portion
of the building(s) as measured along approved vehicular travelways. The
required fire flow shall be available from any adjacent hydrant(s) in the
system.
7. The required fire flow may be adjusted at a later point in the permit
process to reflect changes in design, construction type, area separations,
or built-in fire protection measures.
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PLANNING C MMIISSION RESOLUTION M. 1434
8. Prior to the application for a building permit, the developer shall
furnish the original and two copies of the water system plan to the county
fire department for review. No building permit shall be issued until the
water system plan has been approved by the county fire chief. Upon
approval, the original will be returned. One copy will be sent to the
responsible inspecting authority.
Plans shall conform to fire hydrant types, location and spacing, and the
system shall meet the fire flow requirements. Plans shall be signed by a
registered civil engineer and may be signed by the local water company
with the following certification: "I certify that the design of the water
system is in accordance with the requirements prescribed by the Riverside
County Fire Department."
9. Comply with Title 19 of the California Administrative Code.
10. Install a complete fire sprinkler system per NFPA 13R. The post indicator
valve and fire department connection shall be located to the front, not
less than 25' from the building and within 50' of an approved hydrant.
Attic sprinklers may be omitted if draft stopped between each unit, no
storage.
11. Install a fire alarm (waterflow) as required by the Uniform Building Code,
3803, for sprinkler system.
12. Install tamper alarm on supply valve for sprinkler systems.
13. Certain designated areas will be required to be maintained as fire lanes.
14. Install a fire alarm as required by the Uniform Building Code and/or
Uniform Fire Code. Smoke detectors must be hard wired.
15. Install panic hardware and exit signs per Uniform Building Code, and/or
Uniform Fire Code.
16. Install portable fire extinguishers per NFPA, Pamphlet #10, but not less
than 2A1OBC in rating. Fire extinguishers must not be over 75' walking
distance.
17. All buildings shall be accessible by an all-weather roadway extending to
within 150' of all portions of the exterior walls of the first story. The
roadway shall be not less than 24' of unobstructed width and 13'6" of
vertical clearance. Where parallel parking is allowed, the roadway shall
be 36' wide with parking on both sides, 32' wide with parking on one side.
Dead-end roads in excess of 150' shall be provided with a minimum 45'
radius turn -around (55' in industrial developments). Fountains or garden
islands placed in the middle of these turn-arounds shall not exceed a 5'
radius or 10' diameter.
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PLANNIN3 OM IISSICN RESOLUTION ID. 1434
18. The minimum width of interior driveways for multi -family or apartment
complexes shall be ok as drawn if certain curbs are red curb, no parking.
a. 24 feet wide when serving 1e-q than 100 units, no parallel parking,
carports or garages allowed on one side only.
b. 28 feet wide when serving between 100 and 300 units: carports or
garages allowed on both sides, no parallel parking.
c. 32 feet wide when serving over 300 units or when parallel parking is
allowed on one side.
d. 36 feet wide when parallel parking is allowed on both sides.
19. Whenever access into private property is controlled through use of gates,
barriers, guard houses or similar means, provision shall be made to
facilitate access by emergency vehicles in a manner approved by the fire
department. All controlled access devices that are power operated shall
have a radio -controlled over -ride system capable of opening the gate when
activated by a special transmitter located in emergency vehicles. Devices
shall be equipped with backup power facilities to operate in the event of
power failure. All controlled access devices that are not power operated
shall also be approved by the fire department. Minimum opening width
shall be 12', with a minimum vertical clearance of 13' 6" .
20. Occupancy separation will be required as per the Uniform Building Code,
Sec. 503. One hour walls between units.
21. A dead end single access over 500' in length may require a secondary
access, sprinklers or other mitigative measure.
22. Install Panic Hardware and exit signs as per Chapter 33, Sections of the
Uniform Building Code.
23. Contact the fire department for a final inspection prior to occupancy.
24. All new residences/dwellings are required to have illuminated residential
addresses meeting both city and fire department approval. Shake shingle
roofs are no longer permitted in the cities of Indian Wells, Rancho Mirage
or Palm Desert.
25. An approved NFPA 13R sprinkler system is required for all buildings over
5000 square feet in size. Area separation will not exempt the building
from this requirement. Exemption: One and two family residences.
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PLANNING cn.T11SSION RESOLUTPION IAA. 1434
26. If accessible, fire departneant suggests an emergency access at southwest
corner shown as lawn. If fenced or gated and accessible, the fire
department requires a six foot gate through fence or wall.
27. All curbs where parking areas terminate next to buildings (west end of
parking) will be red curb no parking areas.
28. If existing fire hydrants do not meet type and distance requirements at
least one will have to be installed.
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PLANNING OCtT'IISSION RESOLUIICN ND. 1434
SENIOR IIJUSIAG DEVELOHIERr AGREEPENr
BEIWEEN THE CITY OF PALM DESERT AND
SC 4M-AMERSCN
THIS AGREEMENT is entered into this , day of 1990, between
SCI MITZ-ANDERSON, (hereinafter "Property Owner") and the City of Palm Desert,
(hereinafter "City"), a municipal corporation organized and existing under the
laws of the State of California.
RECITALS
This Agreement is predicated upon the following facts:
A. Government Code Sections 65864-65869.5 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;
B. Property Owner has requested the City to consider entering into a
development agreement and proceedings have been taken in accordance with
Government Code Sections 65864-65869.5;
C. The City Council of City has found that the development agreement is
consistent with the general plan (and the Palma Village Specific Plan); and
D. On , 19 , the City Council of City
adapted Ordinance No. approving the development agreement with Property
Owner and the ordinance thereafter took effect on , 19 .
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PLANNING CaTIISSICN RFSOLUTICN NO. 1434
NOW, THEREFORE, the parties agree:
1. Definitions. In this Agreement, unless the context otherwise
requires:
(a) "City" is the City of Palm Desert.
(b) "Project" is the development proposed to be approved by the City
pursuant to Precise Plan 90-4.
(c) "Property Owner" means the person having a legal or equitable
interest in the real property as described in paragraph (3) and includes the
Property Owner's successor in interest;
(d) "Real property" is the real property referred to in paragraph
(3).
(e) "Useful Life of the Project" is the greater of thirty (30) years
or the period of time which the Project remains habitable, with reasonable care
and maintenance, as determined by City.
(f) "Senior Citizen Household" means a maximum two person household
of which all members are 55 years of age or older.
(g) "Lower Income Senior Citizen Household" means senior citizen
households whose gross income cbes not exceed 80% of the median income for one
and two person households for Riverside County based upon financial and
demographic data received from the United States Department of Housing and
Community Development (HUD) or its successor agency. This information is
included in Exhibit "B" and shall be updated automatically as current data is
obtained from HUD. If in the future more relevant data is made available
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PLANNING OM IISSIQ I RFSOLVPION NO. 1434
specifically applicable to senior citizens by (HUD) or other officially
recognized agencies, such data shall became the basis of this fit.
(h) "Moderate Income Senior Citizen Household" means senior citizen
households whose income does not exceed 100% of the median income.
2. Exhibits. The following documents are referred to in this Agreement,
attached and made a part by this reference:
Exhibit
Designation
Description
A Real property
B Palm Desert Affordable Housing Income and
Rent Schedule, January 1990
C Precise Plan 90-4
3. Description of real property. The real property which is the subject
of this Agreement is described in Exhibit A.
4. Interest of Property Owner. Property Owner represents that he has a
full legal and equitable interest in the real property and that all other
persons holding legal or equitable interests in the property are to be bound by
the agreement.
5. Assignment. The rights of the Property Owner under this Agreement
may not be transferred or assigned unless the written consent of the City if
first obtained.
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 to it.
7. Relationship of parties. It is understood that the contractual
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PLANNBC ONVIISSION RESOLUPION NO. 1434
relationship between the City and PLuperty Owner is such that the owner is an
independent contractor and not the agent of the City.
8. Agreements by City. City desires to make the Project affordable to
lower and moderate income senior households and desires to implement City's
general plan housing goals. In consideration of the agreements set forth
herein, the City agrees:
(a) Proceedings. City shall conduct, in a timely manner, those
proceedings necessary to consider Developer's application for all necessary
approvals, including but not limited to a precise plan, for the Project.
(b) Certificate of Completion. PLu1Iptly after completion of the
Project, City shall provide PLperty Owner with an instrument ("Certification
of Completion") so certifying. The Certificate of Completion shall be the
conclusive determination that the obligation of Property Owner with respect to
construction of the Project has been met. The Certificate of Completion shall
be in such form as will enable it to be recorded in the official records of the
County of Riverside.
9. Agreements by PLuperty Owner. In consideration of the agreements by
City contained in this Agreement, Property Owner agrees:
(a) PLuperty Owner shall reserve of the total units for rent two (2)
unit for a Lower Income Senior Household and two (2) unit for a Moderate Income
Senior Household. Such units shall be referred to as "Affordable Units" for
purposes of this Agreement.
(b) Monthly rents for these Affordable Units shall not exceed thirty
percent (30%) of the maximum gauss monthly income as shown for the respective
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PLANNIIG QNMISSION RFSOLUFION O. 1434
units in Exhibit "B". Rents in Exhibit "B" shall include a utility adjustment
as determined by the Riverside County Housing Authority.
(c) The maximum initial rents charged, the maximum inane levels and
the unit mix for the Affordable Units, during the first twelve (12) months
following completion of the Project, shall be as follows:
Maximum Maximumn
# of Annual Initial
Unit Type Units Income Monthly Rent
1 Bedroom (640 sq. ft.) 2 $20,600 (Lower) $423
1 Bedroom (640 sq. ft.) 2 $25,750 (Moderate) $552
(d) The Affordable Units shall be of a quality and design
indistinguishable from the market units, and shall be evenly distributed
throughout the Project. The Affordable Units shall be periodically rotated as
vacancies permit.
(e) Developer or its assigned management agent shall be responsible
for determining the eligibility of prospective tenants. Prior to opening the
apartment project, Developer shall submit for approval a plan to City
describing the procedure for determining and enforcing eligibility
requirements. This plan shall include annual qualification by all eligible
households and shall be subject to review and approval by City. The City or
its assigned agent may request an audit to determine compliance with all
affordable housing provisions of this Agreement. Audit shall be requested as
the City deems necessary and shall be at the property owner's expense.
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PLANNING C M4IISSION RESOLUTION NO. 1434
(f) The initial rents as described in subsection (c) may be adjusted
annually in accordance with the percentage increase shown in the most current
applicable lower and moderate income limits for Riverside County published by
the United States Department of Housing and Urban Development or any successor
agency, adjusted for changes in the Riverside County Housing Authority utility
allowance and as verified by the applicable City of Palm Desert Affordable
Housing Income and Rent Schedule.
(g) Developer shall not discriminate on the basis of race, color or
creed, sex, or national origin.
(h) Developer or its successors in interest shall reserve the
Affordable Units as set forth in this Agreement for the Useful Life of the
Project and Project owner shall not sell or otherwise change the use of the
Project without prior written consent of City.
(i) Age limits. The minimum age for all Project occupants shall be
55 years old.
(j) Beginning construction. Property Owner agrees to begin the
Project within two (2) years after the execution of this Agreement. City
Council, at its discretion and for good cause shown, may grant up to three (3)
one-year time extensions.
10. Change in project. No change, modification, revision or alteration
may be made in the approved precise plan without review and approval by those
agencies of the City approving the plan in the first instance. A change,
modification, revision or alteration in the approved precise plan is not
effective until the parties amend this Agreement to incorporate it.
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PLANNBU CCM IISSION RESOLUTION O. 1434
11. 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 his contractor, subcontractor, agent, employee or
other person acting on his behalf which relate to the Project. Property Owner
agrees to and shall defend the City and its officers, agents, employees and
representatives from actions for damages caused or alleged to have been caused
by reason of Property Owner's activities in connection with the Project.
This hold harmless agreement applies to all damages and claims for damages
suffered or alleged to have been suffered by reason of the operations referred
to in this paragraph, regardless of whether or not the City prepared, supplied,
or approved plans or specifications or both for the Project.
Property Owner further agrees to indemnify, hold harmless, pay all costs
and provide a defense for City in any action challenging the validity of the
Development Agreement.
12. Periodic Review of Compliance With Agreement.
(a) City Planning Commission shall review this Development Agreement
whenever substantial evidence exists to indicate a possible breach of the terms
of this Agreement.
(b) At least once each year, Property Owner shall demonstrate good
faith compliance with the terms of this Development Agreement. Property Owner
agrees to furnish such evidence of good faith compliance as City, in the
exercise of its discretion, may require. City shall have the right to audit
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PLANNING CCMM1SSION RESOLUTION AD. 1434
the books and records of Property Owner or its management company that apply to
the Project at PLvperty Owner's cost and expense upon request and at least
annually.
13. Amendment or Cancellation of Agreement. This Development Agreement
may be amended or cancelled in whole or in part by mutual consent of the
parties and in the manner provided for in Government Code, sections 65868,
65867 and 65867.5.
14. Enforcement. Unless amended or cancelled as provided in paragraph
13, this Development Agreement is enforceable by any party to it
notwithstanding a change in the applicable general or specific plan, zoning,
subdivision or building regulations adopted by City which alter or amend the
rules, regulations or policies governing permitted uses of the land, density,
design, improvement and construction standards and specifications.
15. Events of default. 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 City is false or proves to have been false in any material
respect when it was made;
(b) A finding and determination by City made following a periodic
review under the procedure provided for in Government Code, section 65865.1,
that upon the basis of substantial evidence Property Owner has not complied in
good faith with any of the terms or conditions of this Agreement.
(c) Property Owner's failure to maintain the Real Property in
substantially the same condition as it existed on the date that City issued the
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PLANNING OaTIESSICts1 RESOUJI'ICN D. 1434
Certificate of Occupancy with respect to the Project or to restore promptly in
good and workmanlike manner any building which may be damaged or destroyed.
(d) Property Owner's failure to appear in and defend any action or
proceeding purporting to effect the rights or powers of City under the terms of
this Development Agreement, and to pay all costs and expenses, including
attorney's fees in a reasonable stun, in any such action or proceeding in which
City may appear.
16. Procedure upon default. If, as a result of periodic review, or other
review of this Agreement, the Planning Carmission or City finds and determines,
on the basis of substantial evidence, that Property Owner has not complied with
the terms or conditions of this Agreement, the Carmission shall notify the
Property Owner or successor in interest as to the specific nature of
noncompliance, and describe the remedies required to achieve compliance.
Property Owner has thirty (30) days upon receipt of notification to take
remedial actions. If Property Owner fails to take remedial action within
thirty (30) days, the Planning Camtission of City shall recommend to the City
Council of City that this Development Agreement be modified, terminated, or
that the remedies set forth in this paragraph be exercised by the City. If the
City Council of City concurs with the recarmendation of the City's Planning
Commission, the City Council may modify this Development Agreement, terminate
this Development Agreement, or may employ one or more of the remedies set forth
in this paragraph. Proceedings before the City Council shall be by noticed
public hearing pursuant to Chapter 25.86 of the Municipal Code of the City of
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PLANNING C M4LSSI i RF OLUrION NO. 1434
Palm Desert. In the event of a default, City may employ one or more of the
following remedies, in its sole discretion:
(i) City may revoke all previous approvals, entitlements and
permits granted by the City to Property Owner with respect to this Project and
the subject Real Property.
(ii) City may pursue all other legal or equitable remedies City
may have under California law or as set forth in this Development Agreement and
City shall be entitled to specific performance and enforcement of each and
every term, condition and covenant set forth herein.
17. Damages upon cancellation, termination of Agreement. In no even
shall Property Owner be entitled to any damages against the City upon
modification, termination of this Development Agreement or exercise by City of
its rights under this Development Agreement.
18. 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 is entitled to reasonable attorneys fees and
court costs.
19. Notices. All notices required or provided for under this Development
Agreement shall be in writing and delivered in person or sent by certified
mail, postage prepaid. Notice required to be given to City shall be addressed
as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert,
California 92260.
Notices required to be given to Property Owner shall be addressed as
follows: P.O. Box 3992, Palm Desert, California 92261.
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PLANNING 0:MISSION RESOLUTION NO. 1434
A party may change the address by giving notice in writing to the
other party and therefore notices shall be addressed and transmitted to the new
address.
20. 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 this 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.
21. Duration of Agreement. This Agreement shall expire only upon total
destruction of the apartment project which is the subject of this Development
Agreement.
22. Applicable Law. This Agreement shall be construed according to the
laws of the State of California.
23. Severability. If any portion of this Agreement is for any reason
held to be unenforceable, such determination shall not effect the validity of
the remaining portions.
24. Authority. Each of the parties hereto covenant and agrees that it
has the legal capacity to enter into this Agreement contained herein, that each
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PLANNI/ CMMuSSION RESOLUTION NO. 1434
agreement is binding upon that party and that this Agreement is executed by a
duly authorized official acting in his official capacity.
IN WITNESS WHEREOF this Development Agreement has been executed by the
parties on the day and year first above written.
Approved as to form: CITY OF PALM DESERT
A Municipal Corporation
KANDY LEE ALLEN
Deputy City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
By:
Attest:
(SQ IMITZ-ANDERSON )
By:
On this day of , 1990, before me, a
Notary Public in and for said State, personally appeared
, known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within instnmient
on behalf of , and acknowledged to me that
executed the same.
21
PLAN VIIVG RESOLUTION NO. 1434
EXHIBIT A
LEGAL DESCRIPTION:
Lpts 1 and 2 of Palma Village Unit No. 5 as recorded in map book 20 pages 40
and 41, Records of Riverside County, California.
22
PLANNING COMMISSION RESOLUTION NO. 1434
*NOT APPLICABLE TO SENIOR PROJECTS
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