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Home My WebLink AboutOB-016RESOLUTION NO. OB - 016 A RESOLUTION OF THE OVERSIGHT BOARD OF DIRECTORS FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY APPROVING A RECIPRICAL ACCESS AND WALL AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, THE CITY OF PALM DESERT, AND THE PALM DESERT COUNTRY CLUB VILLAS RECITALS A. Pursuant to Health and Safety Code Section 34179(3), all actions taken by the Oversight Board for Successor Agency to the Palm Desert Redevelopment Agency (Oversight Board) shall be adopted by resolution. There has been presented to this Oversight Board for approval of a Reciprocal Access and Wall Agreement between the Successor Agency to the Palm Desert Redevelopment Agency, the City of Palm Desert, and the Palm Desert Country Club Villas. NOW, THEREFORE, THE OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The Oversight Board hereby adopts Resolution No. OB - 016 approving the execution of a Reciprocal Access and Wall Agreement between the Successor Agency to the Palm Desert Redevelopment Agency, the City of Palm Desert, and the Palm Desert Country Club Villas, which are made a part hereof and attached hereto as "Exhibit 'A;". Section 3 The staff of the Successor Agency is hereby directed to provide the State Department of Finance ("DOF") written notice and information regarding the action taken by the Oversight Board in Section 2 of this Resolution. Such notice and information shall be provided by electronic means and in a manner of DOF's choosing. Section 4. The officers of the Oversight Board and staff of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution. r RESOLUTION NO. OB - 016 PASSED, APPROVED AND ADOPTED this 1st day of October 2012, AYES: CARVER, LARSON, REYES, and SPIEGEL NOES: NONE ABSENT: RRANDL and DEAS ABSTAIN: BRCS Zedd�ROBERT A. SPIEGEIt CHA ATTEST: RA, HELL D.KLASSEN,SVCRETARY OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY r Iraq 2 RESOLUTION NO. OS - 016 EXHIBIT A OVERSIGHT BOARD OF THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY RECIPRICAL ACCESS AND WALL AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, THE CITY OF PALM DESERT, AND THE PALM DESERT COUNTRY CLUB VILLAS RESOLUTION NO. OB - 016 Contract No. C32150 RECIPROCAL ACCESS AND WALL AGREEMENT BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY, THE CITY OF PALM DESERT, AND PALM DESERT COUNTRY CLUB VILLAS This Agreement (Agreement) is entered into as of between the Successor Agency to the Palm Desert Redevel• ent City of Palm Desert, a municipal corporation ("City"), o t one h Country Club Villas, a California nonprofit corporation _ "), on RECIT A. Palm Desert Country Club Villas ("P Villas, Exhibit "A"). The Owners of the condominiu interest in certain common areas, inc depicted on Exhibit "A". The Property 4887, as per map recorded in Book 75, pag B. In 2009, th known as Country Vil Villas ("Project Pro. ", Project Property s :re• vehicular access to Aven. ownership b • - acknowle Apart and Villas' s• deconstruct Villas, ("Proje and a perimeter w. s created a Property. Th n boundary artments The de the ncy) xhi ndoc t ptive • j ect a perimeter CCV is leg f Maps, , 2012, by and ("Agency") and the nd The Palm Desert t' i er hand. condomini m project (the the PDCCV own an undivided and easterly access drive, as ribed as: Lot 1 of Tract side County Records. m Desert R opmen - ncy ("RDA") owned property ents ("Ai): I ents") o parcel of property adjoining the `B"). On tVillas' eastern boundary, the Villas and the ented access • : ed Access", Exhibit "C") that provided for bo e Villas and the Project Property (prior to and continues to serve the Villas. The parties f the Shared Access by residents of both the Villas and e ' t over the Shared Access in favor of both the Villas y also adjoins the Villas on the eastern portion of the uthe Shared Boundary", Exhibit "C"). The RDA planned to build a new housing project now to be known as Carlos Ortega struction project included the removal of certain tamarisk trees uthern Shared Boundary. C. On M. 17, 2009, the RDA and PDCCV entered into a letter agreement ("Letter Agreement," Exhibit "H") that provided for the removal of tamarisk trees and an existing perimeter wall on the Southern Shared Boundary and its eventual replacement with a new 6-foot high tan slump stone block ("Replacement Wall") to be constructed concurrent with the Project. In the interim, the Letter Agreement provided that the RDA would construct a chain -link fence on the Southern Shared Boundary. If commencement of the Project did not commence within one year, the RDA agreed to construct the Replacement Wall without further delay. 72500.00839\7480182.1 DRAFT 8/3/12 1 RESOLUTION NO. OB - 016 Contract No. C32150 D. Pursuant to the Letter Agreement, in March 2009 the RDA removed the tamarisk trees and the existing block wall and constructed the chain link fence. In June 2011, the Governor of the state of California signed several budget related bills which prohibited RDA's from entering into any new contracts. The RDA did not go forward with the Project nor did the RDA construct the Replacement Wall. E. In March 2011, the RDA transferred the Project Property to the City. In February, 2012, pursuant to California law that resulted in the termination of all California redevelopment agencies ("Termination Legislation") the RDA was di olved and succeeded by the Agency, to which were transferred, by operation of law, the R ► sets and obligations, including the obligations of the Letter Agreement. Under th- ermination Legislation, the Project Property may be subject to "claw back" to return the Property to the Agency. Furthermore, under the Termination Legislation, the Agen. s abi fulfill its obligations under this Agreement may not be recognized, in whi a the Ci all be obligated to perform all obligations of the Agency provided herein F. By this Agreement, the Agency . ' DCC esire to rene RDA/Agency obligations derived from the Letter Ag -nt . •d new corn to compensate PDCCV for the delay in performance of t er Agreement. G. Agency and the City on t this Agreement be made and entered into Section 1468, in effect as of the effective run with the Project Property and the land o by this Agreement shall b g upon any this Agreement. Any se this Ag Riverside County, C 72500.0083917480182.1 DRAFT 8/3/12 hand, and PD o the provisi 2 essors, ment to b revise the ments in part on the other hand, intend that e California Civil Code d that this Agreement shall uties and obligations imposed ns or transferees of any party to recorded in the Official Records of RESOLUTION NO. OB - 016 Contract No. C32150 AGREEMENT Agency and PDCCV agree as follows: I . Perimeter Wall. a. Agency will complete construction of the Replacement Wall, of a minimum six feet in height and a maximum of 6'-6" in height, as depicted on Exhibit D by the earlier of (1) six months of a decision by any authorized body deeme• appropriate or lawful to make such decisions to not proceed with the construction of the Carl • _ -ga Villas; or (2) June 1, 2015. b. During construction of the Replace temporary fencing to be in place to prevent access to Boundary. 2. Paving a. By December 15, 2012 the Ci proposed Access Easement and Villas' parking adjace including the area below the existing ca b. By the earlier of (1 deemed appropriate or lawful to make such Carlos Ortega Villas; or (2) proposed or actual Ac including the area bel e 1,2015the ent and V carports, to t e Agency will cause illas fr. e Southern Shared cra k seal and lurry coat the the proposed Access Easement, of a dec by any authorized body with the construction of the shall cause the pavement of the s' parkin: adjacent to the Access Easement, replaced and restriped. 3. Shared A . an ' ' Easeme Agency Ease in hi see Exhibit E). ct is a... red, prior to commencement of construction, record a Shared Access and Utility Easement (Access boundaries of their respective properties as depicted e Access Easement shall run north/south from the property line adjacent to Ave the S es to the southern boundary of the Villas. The Access Easement shall be twenty fou . e; its western boundary shall be just east of the eastern most portion of the roofline of the as' carports that currently exist along the Villas' eastern perimeter, or 12 feet from the pro rty line, whichever is less. The remainder of the 24 feet of the Access Easement will be on the Project Property, all as depicted on Exhibit "E". (2) The southern end of the Access Easement shall include an additional portion of Villas' property to accommodate a street internal to the Project, as depicted on Exhibit E. (3) The Access Easement shall include a public utility easement over the entire Access Easement. 3 72500.00839\7480182.1 DRAFT 8/3/12 RESOLUTION NO. OB - 016 Contract No. C32150 (4) The Access Easement shall provide that the Agency shall maintain the entire Access Easement, at the Agency's sole cost, unless PDCCV opts to do so, or the Agency does not complete the Project or ceases to use the Access Easement, in which case each party shall maintain the part of the Access Easement that is on their property. Under no circumstances, shall the Agency maintain the PDCCV carports. (5) The Access Easement shall provide that the Agency shall fully repair any damage to the pavement of the Access Easement caused by the installation, maintenance or repair of public utilities within the Access Easement Either party shall fully repair any damage to the pavement caused by that party, its of , mployees, members, residents or guests within thirty days of any such damage. (6) PDCCV retains the right to m.' ain o ce the Villas carports, adjacent to the proposed easement, within their current fo •ri per Se 25.76 of the current Zoning Code. (7) Both parties agree said proposed easement. faith to achie . rdation of b. Only if the Proje t proceeds to con ion, Agency shall complete the following work concurrent with the proj (1) Extend the ' er_ tility link the pole just south of the Villas' D building to avoid damaging e pa •f - Shared Access in future undergrounding efforts. (Se- ibit E). Exhibit E). PDC replacement and restripi which shall n• - eason e the islan• at the north end of the current access (see t to enter A property and remove the island prior to ent descri i • in "2(b)," with the consent of the Agency the existing Villas' access card reader to a location to be agre d reader will be appropriately shielded (such as that shown i .'bit E) from t ve es, by temporary fencing if necessary until the Project proceeds to ction. A: y is not responsible for maintenance of PDCCV card reader. ending finalization and recording of the Access Easement, each party retains the rig mue to use the Shared Access as they have in the past. 4. Additi . al Matters. a. PDCCV hereby grants Agency construction access easements, under such reasonable terms as the parties shall agree to construct the Replacement Wall and accomplish the various other obligations in this Agreement. Agency shall fully repair, within 30 days, any damage caused by its construction activities to Villas' property, including pavement. 4 72500 00839\7480182.1 DRAFT 8/3/12 RESOLUTION NO. OB - 016 Contract No. C32150 b. City and Agency shall continue to mitigate dust, per current practice and as required by law, on the Project Property. During any construction on Project Property, Agency shall make a good faith effort to minimize dust, noise, and other impacts on the Villas' property, including the Shared Access. c. In accomplishing its construction activities, Agency shall make reasonable efforts not to negatively impact Villas' parking or access between January 1 and March 31 of any calendar year. d. Neither Party, nor their members, residents, y .. . gents or contractors, may use at any time parking owned by the other Party without t ther Party's express written permission. e. Any sale or other transfer of the adjoining the Villas, or any transfer of the rights to a development on the Project Property, will be con obligations of this Agreement. f. It is understood and agreed that i under section "1" or the repaving ob impractical or extremely difficult to de the event of and by reason of such delay. liquidated damages in the amount of $10 Replacement Wall required by section "1" «2„ t Prop- •r any portion of it y to deve . e Project or other ent on the transferee eptance of all ation required b e the actual da fore stipulat ach day plet on of the Replacement Wall tion "2" are delayed, that it is s that PDCCV will sustain in gency will pay PDCCV elay in completion of the bligation required by section g. •CCV s have the op. 'rtunity to review the plans for any project on the Project Propert . V an•' gency shall n • ':te in good faith regarding any impacts of any such project on the la• • ing app. , ance, security, protection of gate access equipment, d • - raffle refe Docume drawings an h. erein are pre wever, all p ibits attach 5. C agre erein. 1 parties that the drawings and exhibits attached and evelopment drawings, not final Construction o negotiate in good faith to maintain the intent of the Agency's Obligations. The Ci . all perform any of the Agency's obligations provided for in this Agreement, if and to e extent that the Agency is unable to perform or pay for such obligations due to the Termination Legislation, or other circumstances beyond the Agency's control. 6. Miscellaneous. a. Reauired Actions of Parties. Parties agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the transactions herein. 72500.00839\7480182.1 DRAFT 8/3/12 5 RESOLUTION NO. OB - 016 Contract No. C32150 b. Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof. c. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. d. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the ' arties, are not a part of this Agreement, and shall not be used for the interpretation or det- ion of the validity of this Agreement or any provision hereof. e. No Obligations to Third Parties. Exc; as o ise expressly provided herein, the execution and delivery of this Agreement sh n. be dee to confer any rights upon, nor obligate any of the Parties to any person or e ' • . • er than the - s. f. Exhibits. Any and all E. refere ed herein and hereby incorporated herein by this reference. d hereto g. Waiver. The wai -r or failure to en any provision of this Agreement shall not operate as a waiver of any fut - ach of any suc vision or any other provision hereof. h. Applicable Law. All • - • - t to this Agreement and the rights and liabilities of the ' - and venue h - , shall • - erned by the laws of the State of California without appl' • «nflicts of la principle . Any and all legal actions sought to enforce the terms a ► • visions the Agreem . shall be brought in the courts of the County of Riverside. not assign this Agreement, or any right or obligatio - • arty ut the prior written consent of PDCCV, which consent shall not be easonably d or • d. • gency and City shall have the ability to assign the Agri to the Housi uthori an entity who has an executed contract to build the Project. rs and Assigns. This Agreement shall be binding upon and shall inure to the bene a v• tary and involuntary successors and assigns of the Parties hereto. k. erability. If any term or provision of this Agreement shall be held invalid or unenforcea• e, the remainder of this Agreement shall not be affected. 72500 00839\7480182 1 DRAFT 8/3/12 6 RESOLUTION NO. OB - 016 Contract No. C32150 1. Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have participated equally or have had equal opportunity to participate in the drafting thereof. m. Legal Fees. In the event of the bringing of an enforce or construe any of the provisions of this Agreement, the p or proceeding, whether by final judgment or out of court settle recover of and from the other Party all costs and expenses of fees. n. Indemnification. Agency PDCCV and PDCCV's directors, officers, damages, actions, causes of action, liabilities, losses c ("Claims") arising out of, related to, or encountered in associated with this Agreement or the p • ecution of work claims of wrongful death, regardless o erit or outc Claim is caused by Agency, Agency's a: ¥ - •loye employees, products installed on PDCCV' PDCCV's active or passive contributory neg be caused by the PDC indemnification shall PDCCV with regar Agreement, including the Agre insur the applicable accompanie agents and emp providing that th cancellation per the t e negligenc out limitati demnity sh guarantee p willful attorney survive s. or proceeding to ling Party in such action 1 be entitled to have and actual attorney's defend, indemnify aging . • - nt from any tto fees and an old harmless 11 claims, her expenses tion with construction activities it, including, but not limited to, om. the Claim and whether such es, or tractors, their agents or gency's subcontractors, or y such injury or harm as may conduct. The coverage of such fees and court costs incurred by the expiration or termination of the gen : t all times during the course of construction of reof, and at Agency's own cost and expense, procure from DCCV, and continue in force, insurance policies of ut in no event with levels below those required by any egulton), furnish the PDCCV with certificates of insurance ured endorsements naming the PDCCV, its directors, officers, onal insureds under the Commercial General Liability Policy and e company(ies) must give the PDCCV written notice of any of the policy and have the insurance company(ies) issue the PDCCV the appropriate ACO form explicitly stating that the certificate(s) of insurance convey(s) all rights and privileges afforded under the policy(ies) to the certificate holder. nt, or company(ies d types set ordinance dditional , as ad ur Limits of Liability Coverqws General Liability Workers' Compensation Automobile Liability — Any Auto Used 72500.00839\7480182.1 DRAFT 8/3/12 Each Occurrence $1,000,000 $1,000,000 Bodily Injury/Property Damage: Combined Single Limit 7 $,0 00 $1,000,000 $1,000,000 RESOLUTION NO. OB - 016 Contract No. C32150 (1) Coverages shall apply to all locations where the named insured is performing services and/or activities in connection with, or arising out of, this Agreement. The policy of insurance which affords comprehensive general liability shall contain at a minimum: a) A provision or endorsement stating that such insurance, subject to all of its terms and conditions, applies to the liability assumed by Agency nder this Agreement, including, but not limited to, th= ty assumed under the indemnification and hold mless provisions of this Agreement (blanket contr • average); insurance coverag limit or qualify the liabil' with prov subcontr take out an volunteers, ag stated above. b) Premises operations contractual liabi independent c• actors c) Personal inju malicious prosec vi • lation of right of oth ' asion of right and ' • battery) d) Legal employe regoing req by Agency ons assu o • cts/co - d operations hazard, ad -form p y damage, and coverages; detention or prisonment, ibel, slander, • efamation, or , wrongful entry or eviction, or vate occupancy, bodily injury and dishonest acts of insured's ements as to types, limits and approval of intended to, and shall not in any manner, by the Agency under this Agreement. proo • ompliance with these requirements shall be filed before commencement of work. Agency shall insert a equirements of this paragraph in any contract or ork and shall require the contractor or subcontractor to ance (including naming the PDCCV, and its directors, officers, ees as additional insureds) and to file proof of compliance as Each policy of liability insurance shall state that with respect to the operations of Agency nder this Agreement, such policy is primary and any insurance carried by PDCCV or any individual unit owners within the Villas is excess and noncontributing with such primary insurance, and shall state that written notice shall be given to PDCCV prior to cancellation per the terms of the policy. Agency shall notify PDCCV in the event of material change in, or failure to renew, any policy or endorsement. In the event Agency fails to secure or maintain any policy of insurance required under this Agreement, the PDCCV may, at its sole discretion, secure such policy of insurance in the name of and for the account of Agency and in such event Agency shall reimburse PDCCV upon demand for the cost thereof. 72500 00839\7480182.1 DRAFT 8/3/12 8 RESOLUTION NO. OB - 016 Contract No. C32150 p. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: PDCCV: J&W Management P.O. Box 1398 Palm Desert, CA 92261 Attn: Bruce Kalanquin (760) 568-0349 CITY and AGENCY: City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Attn: Martin Alvare conomic Development ► or (760) 346-0611 Such notice shall be deemed made whe forty-eight (48) hours after deposit in t .- .S. Mail, first c the party at its applicable address. Act 'ce shall be de actual notice occurred, regardless of the m ` . - ice. onally delivered or when mailed, ostage prepaid and addressed to adequate notice on the date q. Entire Agreement. T A' - - rsedes any prior agreements, negotiations and commun oral or writ ' : nd conta . . the entire agreement between the Parties as to the subje. at - eof. No s equent a: eement, representation, or promise made by either Part -to, orb to an emplo -e, officer, or agent or representative of either Party, shall be of any e less is in writing . ecuted by the Party to be bound thereby. men• to ent. The terms of this Agreement may not be modified r - .t by . • strument in writing executed by each of the Parties hereto. 72500 00839\7480182.1 DRAFT 8/3/12 9 RESOLUTION NO. OB - 016 Contract No. C32150 IN WITNESS WHEREOF, each Party has executed this Agreement on the date set forth below next to that Party's signature. DATE: PALM DESERT COUNTRY CLUB VILLAS, a California nonprofit corporation 72500 00839\7480182.1 DRAFT 8/3/12 DATE: SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY 10 RESOLUTION NO. OB - 016 Contract No. C32150 PALM DESERT COUNTRY CLUB VILLAS ACKNOWLEDGMENT State of California County of ) SS. 1 On , 20, before me. Public, personally appeared me on the basis of satisfactory evidence to be the person(s) who subscribed to the within instrument and acknowledged to me the same in his/her/their authorized capacity(ies), and that the instrument the person(s), or the entity upon behalf o executed the instrument. I certify under PENALTY OF PERJURY and the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature State of Californi County of On Pu me on th subscribed t the same in his the instrument the executed the instrum ide onally appe 's of satisfa within in heir a e laws Iffrr Y ACKN EDG k ich t t , a Notary , who proved to e(s) is/are he/she/they executed er/their signature(s) on rson(s) acted, the State of 1 go 'a that e , a Notary , who proved to evi. nce to be the person(s) whose name(s) is/are ment and acknowledged to me that he/she/they executed orized capacity(ies), and that by his/her/their signature(s) on , or the entity upon behalf of which the person(s) acted, • 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 1I 72500 00839\7480182.1 DRAFT 8/3/12 (seal) RESOLUTION NO. OB - 016 Contract No. C32150 SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY ACKNOWLEDGMENT State of California ) SS. County of Riverside On , 20, before me. Public, personally appeared me on the basis of satisfactory evidence to be the person(s) subscribed to the within instrument and acknowledged to the same in his/her/their authorized capacity(ies), and th the instrument the person(s), or the entity upon beh executed the instrument. I certify under PENALTY OF PERJURY un ' er the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California On Public, p me on the b subscribed to t the same in his/he the instrument the p executed the instru , a Notary , who proved to e name(s) is/are e/she/they executed heir signature(s) on n(s) acted, State of Cal is that KNOWLEDGMENT . a Notary . who proved to evidence to be the person(s) whose name(s) is/are ment and acknowledged to me that he/she/they executed thorized capacity(ies), and that by his/her/their signature(s) on n(s), or the entity upon behalf of which the person(s) acted, 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 12 72500.00839 17480182 1 DRAFT 8/3/12 (seal) RESOLUTION NO. OB — 016 EXHIBIT A the Villas House APN: 637(12%010 House#: 072014 42065 APN: 637071002 House#: 42455 APN: 637170007 House#: 42615 Legend — Circulation Network D City Boundary 2012 • Green: Band_2 Streets ❑ Parcels (1/2012) . Red: Band_1 ■ Blue: Band_3 1:1,305 Notes O RESOLUTION NO. OB — Ulb EXHIBIT B Apartments Legend — Circulation Network L1 City Boundary ° 2007 ■ Green:Band_2 Streets ❑ Parcels (1/2012) . Red: Band_1 111 Blue: Band_3 1: 998 Notes 0 RESOLUTION NO. OB — 016 EXHIBIT C Shared Access and Southern Shared Boundary Legend — Circulation Network CI City Boundary 2007 • Green: Band_2 Streets o Parcels (1/2012) 1. Red: Band_l II Blue: Band_3 1:1,995 'Notes RESOLUTION NO. OB - 016 011111.1 I• Yawl NV1d 11VM 31IS 0 0 zz_s N N co ‘i N as 0 Q a 118IHX3 RESOLUTION NO. OB — 016 N` M 3.1VD 2NY 1 1)1H3A NVld 31IS A3N PARTIAL SITE PLAN OF PROPOSED CONSTRUCTION 1 1 1 1 / I�- 1 / 1/ 1/ n /1 1 / 1 1 1 1 1 1 / 1 1 1 lIVM nic (N) GATE ACTION .Q 0 PROPERTY LINE J 1 RESOLUTION NO. OB - 016 T co Co 02 v 0 ... ,o v 7C v C m D m awl zzt- mm n z z- 5> '^z zO _70 -< x 0 c n= -<_ 0 D DNI213aN321 11VM 31IS r-7 1'T L_� 7 7 L.7 r7 • I 4 dV) 11VM )I3078 RESOLUTION NO. OB - 016 t • . . 7 1 0 EXHIBIT E RESOLUTION NO. OB - 016 (F.I APAR-IMFNITS X x FUTURE STREET IMPROVEMENT LAND TO - FE REMOVED -- (E) CARPORTS Altana OF THE STATES ACCESS EASEMENT FTrnL iIN) CARPORTS 24,-. MIN. ACCESS ASEMENE I I'•8" a/- I2 -4" ay- i 1 PROPOSED UTILITIES WATER SEWER FIRE SERVICE ELECTRIC COMMUNICATIONS GAS PARTIAL SITE PLAN LOCATION - KEY SITE PLAN I L NW IOW ININ CARLOS ORTEGA VILLAS VEHICULAR GATE PLAN CV:4WNCO"P°R''T'ON O IA1006 I"= '-0-0' CITY OF PALM DESERT RESOLUTION NO. OB — 016 L PNOESERi RE[rAEIOPTf.Ni AGENCY 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6iI FAX: 760 341-6372 in foRpalm-tieserl.nrg March 17, 2009 Mr. Robert W. Taylor, President Palm Desert Country Club Villas HOA 77-805 California Drive, A-2 Palm Desert, CA 92211 Re: South Perimeter Block Wall Dear Mr. Taylor: EXHIBIT H Thank you for taking the time to meet with Martin Alvarez, Redevelopment Manager, to discuss the deconstruction of our Country Village Apartments and removal of the tamarisk trees adjacent to HOA's south perimeter block wall. As part of our deconstruction project, our proposal is to remove the tamarisk trees/roots and your southern perimeter block wall, and replace it with a new 6-foot high tan slump stone block wall (see attached map). The construction of a new block wall is anticipated as part of our future senior apartment project. If you grant us approval to remove your perimeter block wall, we will replace it with a temporary chain -link fence with green screen, securing your property. The temporary fencing will remain in place for a period of one year until a new block wall is designed and constructed, or until we proceed with the new project. If our apartment project does not commence within one year, the Redevelopment Agency will construct a new block wall in the same location independent of the future project. If you are in concurrence with this proposal, please sign below. Ai . ' c = e)y, _i "-Z ohn M. Wohlmuth Executive Director JW:MA:mh Approval: 1 t`r l /- Robert W. Taylor, President Palm Desert Country Club Villas HOA Date: 3/ r/ 9 cc: Justin McCarthy, ACM Redevelopment Janet M. Moore, Director of Housing Lauri Aylaian, Director of Planning Russell Grance, Director of Building & Safety G:\rda\Maria Hunt \WPDATA\ALVAREZ\PDCC Villas\taylor031709blockwall.doc .. rnrgDO ln,IuGnnl RESOLUTION NO. OB — 016 A a w..w.u•ww... iitf) 1I • i r I� I .. r ___.; • I , 1 -T 1 � , Ai 'r llt i __I- I y. • *14 I Pit i({i 4-14 s ii i 111it mi+ Cmil f12� of°s Z� 19 N li { ,. a 1 1