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Home My WebLink AboutRDA RES 289RESOLUTION NO. 289 A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY APPROVING AN AMENDED AND RESTATED DISPOSITION, DEVELOPMENT AND IMPLEMENTATION AGREEMENT, TWO AGREEMENTS CONTAINING COYENANTS AFFECTING REAL PROPERTY, AND ADOPTING A NEGATIVE DECLARATION FOR THE SAME WHEREAS, the Palm Desert Redevelopment Aqency (the "Agency"j has determined that the Aqency's entry into and execution of an Amended and Restated Disposition, Development and Implementation Agreement between the Agency and the Ahmanson Development Company (the "Amended Agreement"), a copy of which has been made available for public inspection and copying in the City Clerk's office, is necessary and apgropriate for the Aqency's implementation of the Redevelopment Plan for Redevelopment Project Area No. 1; and WHEREAS, the Amended Agreement is consistent with the intent and purposes of the California Community Redevelopment Law, Health and Safety Code Section 33000, et. seg.; and WHEREAS, the disposition of the property to be conveyed by the Amended Agreement is authorized by Health and Safety Code 5ection 33430; and WHEREAS, the use of the property conveyed by the Amended Aqreement will be in conformity with the Redevelopment Plan for Redevelopment Project Area No. 1; and WHEREAS, Sections 33431 circulation in and the notices required by Health and Safety Code and 33433 were published in a newspaper of general the community on November 24 and December 1, 1993; WHEREAS, the Summary Report required by Health and 5afety Code Section 33433 has been made available for public inspection and copying; and WHEREAS, Health and Safety Code Section 33436 requires the Agency to include express non-discrimination and nonseqregation clauses in all sales and contracts involving Agency property or Agency financial assistance; and WHEREAS, the Aqreements Containinq Covenants Affectinq Real Property (the "Covenants Agreements"), attached hereto as Exhibits "A" and "8", satisfy the requirements of Health and Safety Code Section 33436; and � RESOLUTION NO. 289 WHEI�EAS, the Agency staff has determined that the execution of the Amended Aqreement and the Covenants Agreements remains within the scope of the previously certified Environmental Impact Report SCH 88122603 and as mitigated will not have a siqnificant effect on the environment; and WHEREAS, pursuant to the foregoinq, an initial study and a negative declaration were prepared pursuant to the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines and the Agency's CEQA Guidelines; and WHEREAS, the Agency, as the lead agency, provided copies of the initial study and negative declaration to the public for review and comment pursuant to Public Resources Code Section 21091; and WHEREAS, the Aqency has considered all comments received regarding the neqative declaration; and WHEREAS, the Aqency has carefully reviewed the final negative declaration and all of the �nformation contained in the records pertaining to the Amended Agreement and Covenants Agreement. NOW, THEREFORE, BE IT RESOLVED by the Palm Desert Redevelopment Agency as follows: Section 1. The Summary Report required by Health and Safety Code Section 33433 is hereby approved. Section 2. The Agency's Executive Director is hereby authorized and directed to execute the Amended Agreement and the Covenants Agreements substantially in the forms attached hereto (as to the Covenants Agreements) and as has been available in the City Clerk's office (as to the Amended Agreement), subject to such supplemental terms and provisions of the Amended Agreement �as the Executive Director deems necessary and appropriate, with the approval of Agency counsel as to form. Section 3. The negative declaration and initial study prepared for the Amended Agreement and the Covenants Agreements contain a complete and accurate reporting of the environmental impacts associated with Amended Aqreement and the Covenants Agreements. The documents have been completed in compliance with CEQA and with the Agency's CEQA Guidelines. Section 4. The negative declaration and initial study prepared for the Amended Agreement and the Covenants Aqreements represent the independent judgment of the Agency. 2 RESOLUTION NO. 289 Section 5. As the decisionmaking body for these projects, the Aqency reviewed and considered the information contained in the negative declaration, initial study and administrative record prior to this approval of the Amended Agreement and the Covenants Aqreements. Section 6. All environmental impacts of the Amended Agreement and the Covenants Aqreements have been mitiqated to a level of insignificance in accordance with Environmental Impact Report SCH88122603. There is no substantial evidence in the record supporting a fair arqument that the Amended Aqreement or Covenants Agreements may result in siqnificant environmental impacts. Section 7. The Agency hereby adopts the negative declaration for the Amended Agreement and Covenants Agreements and approves the Amended Aqreement and the Covenants Agreements. The Agency directs staff to file notices of determination with the County of Riverside within five (5) workinq days of this approval. PASSED, APPROVED AND ADOPTED on this 20th day of December, 1993, by the following vote to wit: AYES: KELLY, SNYDER, WILS NOES: BENSON, CRITES ABSENT: NONE ABSTAIN: NONE ATTEST: �� ! , .�. � (l Sheila R. . � �, �� // 1 � � ligan, S�cretary 3 � , � \ EXHIBIT A Recording Requested by: THE PALM DESERT REDEVELOPMENT AGENCY When Recorded Return to: The Palm Desert Redevelopment Agency 73-150 Fred Waring Drive Palm Desert, California 922b0 Attn: Carlos Ortega Aesistant City Manager (SPACE ABOVE THIS LINE FOR RECORDING USE) THE PALM DESERT REDEVELOPMENT AGENCY REDEVELOPMENT PROJECT ARFsA NO. 1 AGRFEMENT ' CONTAINING COVFNANTS AFFECTING R$AL PROPERTY THIS AGREEMENT is entered into this day of , 1993, by and between THfi PALM DESERT REDEVELOPN�NT A�G$NCY, a public body corporate and politic ihereinafter referred to as the "Agency") and AHI�iNSON CON�RCIAL DEVELOPMENT COMPANY, a California corporation (hereinafter referred to as the "Developer") with reference to the following: A. Developer is the present owner of the real property located in the City of Palm Desert (the "City"), County of Riverside, State of California (hereinafter referred to as the ��Property") and deacribed i.n Exhibit "A" attached hereto and incorporated herein by this reference. B. The Property is within Redevelopment Project Area No . 1( the �� Proj ect" ) in the City of Palm Desert and is subject to the provisions of the Redevelopme�it Plan for the Project established by Ordinance No. 80 of the City, adopted on July 16, 1975, and thereafter amended by Ordinances Nos. , , 275 and , of the City adopted on , 19�,, , 19_, November 25, 1981, and , 19_, respectively. C. Developer shall develop and use the Property in accordance with the Redevelopment Plan and pursuant to the terms and provisions of that certain Amended and Restated V89619[14060]7 -1- 22-NOV-93 16:00:32 /^�• � � 0 Disposition, Development and Implementation Agreement dated December _, 1993, between the Agency and the Developer (the ��DDIA"). Except as otherwise herein provided, this Agreement shall survive the issuance by the Agency of the Certificate of Completion, the Public Improvement Certificate of Completion, the Final Public Improvement Certificate of Completion and the Final Site Area 2 Public Improvement Certificate of Completion, each as defined in the DDIA. D. The Redevelopment Plan and the DDIA are public documents, on file in the offices of the City Clerk of the City and the Secretary of the Agency. All capitalized terms not defined in this Agreement shall have the same meaning as ascribed to them in the DDIA. NOW, THEREFORE, THE AGENCY AND THE DEVELOPER AGREE AS FOLLOWS: 1. This Agreement is in accordance with and subject to the Redevelopment Plan for Redevelopment Project Area No. 1 and the DDIA, and the DDIA is incorporated herein by reference thereto as though fully set forth herein. 2. Subject to the conditions and limitations contained in the DDIA and the applicable provisions of the Development Agreement (including, but nat limited to, Section 3.2 thereof), the Developer hereby covenants and agrees for itself, its successors, its assigns, and evezy successor in interest to the Property, that the Developer, such successors and such assigns, shall use good faith efforts to develop and construct upon the Property those certain commercial/retail facilities described in ��ibit "A" to the Development Agreement with respect to the Property and the Public Improvements as described in the DDIA. The covenants in this paragraph 2 shall run with the land. 3. Developer covenants and agrees for itself, its succeasore, its assigns, and every successor in interest to the Property, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, aex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall Developer, its successors, its assigns, nor any successor in interest to the Property, establish or pernlit any such practice or practicea of discrimination or aegregation with reference to the aelection, location, number, use or occupancy of tenants, lessees, subtenants, V89619[14060]7 -2- 22-NOV-93 16:00:33 c a� � � F� �o F� ,� O m O J i w � N N z C � � w � m 0 w w nonroo� �u�a�un n�c�uo�omrt � n pW R w��mM� OD O � (D tD r-r r W K n�ooam � � � N � m p n � p w ��rc�noo� n�'m�rn ��Danam w uno�t� m h�-' �'d � ��-�•mma m�wmn�- (D W 1�- � OD O1 � m p � o N- n�'�nH�- � ►� w �- ro�nnw aw+�-an�* � tA O F� O F'- ►�tw°�'�'da N` *�tC�� w °D � n N-� m m � � �'i ��a�� °D��ow �� m a �d �- o0 f1 co c-r •• � � m tmD R I-+• O 1� ' R I-� � M N �mnN- mau��r� mamcn r+, m Ng- m r N- F�- G N Nm�n�D o wn ��a nn w�vao�u nNhm� aa�°s p o �- a a C ��a� o�unmw �rooma m �� r-� � �� ro 0 � a . ��mroc*woRonoa�p�¢� f-+ O� tD O(D ►i �' fi r►► �'i r'S N M W p' p p C7 ��mnwana a � su�naa �u mati�oa�*��cro�• a ��nn�o�r�n�m �na� aM� mN•w�•w��crn� hm �o�n � moan��u �cu�m��a rr(z, prtcD ►�HmOO �' m ao N- N• r• � rr N p o N'�7 N. .. �m oo�*�� omh�r�n �'h�'�z�►�- �am�nom�rmm _ a co �r�,�ro m N�cn N- a �c �'o �� I-' F�• (D F�• 1-S m r+� (D � p n W cD p M ��coc�wc� n nwnnm� �n wn�� o�co�ccn�u�u ��- � tir-��'tu�w �ww ort n�•� ��uaoam��rh a�m��u��•a � , �r�am �- oornmm��rom N•a �cu m�o�n��co�an.�*o��m�r N-�C m �i i� H' (D p �--� � N rt�u o�Doo�dC��D�o p��D �' a�►i � rn ►i m cD �e � N• r�, o b� w n cr' c�comarom�� `N•mMm m� x m� wcooanmo ts�mM � aoaocu ��tmD � O t�] p p m p- p (D ►i I-�- ��um�d n�-��m �Cahma � m a �* - �* � o K - a �- �rn, �� ancn a bmow� ao ��u�•w - m�n�n�n�o • n o� � ts m o wN-h n aC =m n• m a� •�n �o �rm �•�r m w omn �w ��ao �a� o c M��-mw �cn m �a �•n m a F�• (D (D O G F-� ty N!� i7 O OD ,� p� rr n� n G �-m m o A� ��-� wa�n�* �'�c*o�onn�wwm m p N- o a��C - h w N- � p m�� n�D� w�n� 0°� �m� � � ��ro ��b � �b (D �t (D �P . N n'� ��n � ►-�• t�-� ►--� � � � � atDam a�u o c�* � 00o�a � N m � �H aaa n~w �� W�� o�� a � �, C m �_ �o � om rr Oo Oo 'd �• p+ tY A N ct m�,�rt�r-�or� � Ou p'� wN N 3� N rr �mnt1�-Wl7H �r r- n c-r A• �r �u c* w �u p -� O tD �'� N NW N t't on�a�*m�a �� M(D i-� C� Y- U1 O � O tD �NpOpMH�c*HC . . ootD� ��m��a� . w� °�-�`A�ocdu�a a�� g�� t'� tD F-� �d tD F-"- N�--i- O tr9 � O � O b-0 ��-S p ��p�N(D�NNO� �'a�' � C G� � H p+ i-1 f1 'ry mty��w~m�� Mcuaroma�c�� sn �r�mo� n�w�t`�np= �'�� n O �'rtm �p p m'd 0o N� f�'S ►fi'Li �- p�m mmp�Gw�WOr* ►dnawron�nn a H` ~W p�`�CW O ��-hN ammm a Hh n�aac°Dumo�dc��o ro��nh��a�D� ��o a� � o�� o c�i �°s�g�`Q��a o�m" �-rom�a ��cmc°� �o �w �D a� �a � � ~ a `� n m �m m � m� � m� '� F-+ � �� a a � N- m rr �' p �� ab . � K ct � � rh 0 n m w 0 � w � i �-'.-_ � or enjoyment of the property interest herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessee$, sublessees, subtenants, or vendeea with respect to the property interest herein leased." c. In contracts: "There shall be no discrimination against or aegregation of any person or group or persons, on account of sex, marital atatus, race, color, creed, religion, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee iteelf or any pereon claiming under or through it, establieh or permit any such practice or practices of discrimination or segregation with reference to the aelection, location, number, uae or occupancy of tenants, lesaees, subtenants, sublessees, or vendees of the land." 5. All conditions, covenants and restrictions contained in this Agreement and incorporated herein by reference shall be covenants running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwise, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of and enforceable by the Agency and its successors and assigns against Developer, its successors and assigns to or of the Property or any portion thereof or any interest therein, and any party in possession or occupancy of the Property or any portion thereof. 6. The conditions, covenants and restrictions contained in paragraph 2 shall ternninate on the date the Agency is required to issue the Final Public Improvement Certificate of Completion. The covenants against discrimination set forth in paragraphs 3 and 4 hereof shall remain in perpetuity. Except as otherwise expressly provided herein or therein, all other conditions, covenants and restrictions contained herein or incorporated herein by reference shall terminate on the date the Agency is required to issue the Final Public Improvement Certificate of Completion. V89619[14060]7 -4- 22-NOV-93 16:00:34 �� , � 7. In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that the Agency shall be deemed a beneficiary of the agreements and covenants provided hereinabove both for and in its own right and also for the purposes of protecting the intereats of the community. Al1 covenants without regard to technical clasaification or designation shall be binding and enforceable for the benefit of the Agency, and auch covenants shall run in favor of the Agency for the entire period during which such covenants shall be in force and effect, without regard to whether the Agency is or remains an owner of any land or intereat therein to which such covenante relate. The Agency shall have the right, in the event of any breach of any auch agreement or covenant, to bring and maintain any actions at law or suit in equity or other proper proceedings to enforce such agreement or covenant and to otherwiae exercise all of its rights and remedies with respect to such breach. 8. Any amendmenta to the Redevelopment Plan which change the uses or development permitted on the Property or otherwise change, supplement or eliminate in whole or in part any of the restrictione or controls that apply to the Property shall require the written consent of the Developer its succeseors or assigns. 9. If any provisions of the DDIA are amended subsequent to the date of execution of this Agreement, the corresponding provisions contained hereia or incorporated herein by reference shall be deemed similarly amended, and the Agency shall record such evidence of such amendment as the Developer, its successors or assigns, or any successor in intereat to the Property may reasonably request. 10. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security intereat pertaining to the Property and permitted by the DDIA; provided, however, that any subsequent owner of Property ahall be bound by such covenants, conditions, restrictions, limitations, and provisions, whether such owner�s title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. IN WITNESS WHFREOF, caused this instrument day of , the Agency and the Developer have to be executed this 1993. V89619[14060]7 -5- 22-NOV-93 16:00:35 �^� Date: Date: 0 pALM DESERT REDEVELOPMENT AGENCY (Agency) By: Title: AFIlKANSON CONIlKERCIAL DEVELOPMENT CON�ANY, a California corporation (Developer) By: Title: By: Title: V89619[14060]7 -6- 22-NOV-93 16:00:36 � � � � � � � � � � � � � � ' � I � � ,--• FIGURE 2-1 r , DESERT CROSSING SITE PLAN: CtTY APPROVED ENTITLEMENT _ ��,� r �� it , , � 11 ` ' � �...�� o t � � �t � V t/� z �� / J LL < U� � w � � C W 5 0 a —9 .� � � .....r. ..�._..__.. ,�.�..�.�......__.. 0 / � EXHIBIT B Recording Requested by: THE PALM DESFsRT RED sF'VELOPMENT AGENCY When Recorded Return to: The Palm Desert Redevelopment Agency 73-150 Fred Waring Drive Palm Desert, California 92260 Attn: Carlos Ortega Assietant City Manager (SPACE ABOVE THIS LINE FOR RECORDING USE) THE PALM DESERT RIDEVELOPMENT AGENCY RIDEVELOPMENT PROJBCT AREA N0. 1 AGREEMENT ' CONTAINING COVENANTS AFFECTING RSAL PROPERTY THIS AGREEMENT is entered into thia day of , 1993, by and between THE PALM DESERT REDEVELOPMENT AGBNCY, a public body corporate and politic (hereinafter referred to ae the "Agency") and 14FIlKANSON CONII�RCIAL DEVELOPMENT COMPANY, a California corporation (hereinafter referred to as the "Developer") with reference to the following: A. Developer is the present owner of the real property located in the City of Palm Desert (the "City"), County of Riverside, State of California (hereinafter referred to as the "Property") and described in Exhibit "A" attached hereto and incorporated herein by this reference. B. The Property is within Redevelopment Project Area No. 1(the "Project") in the City of Palm Desert and is subject to the provisions of the Redevelopment Plan for the Project established by Ordinance No. 80 of the City, adopted on July 16, 1975, and thereafter amended by Ordinances Nos. , , 275 and , of the City adopted on , 19_, , 19_, November 2 5, 19 81, and , 19,i, respectively. C. Developer shall develop and use the Property in accordance with the Redevelopment Plan and pursuant to the tenns and provisions of that certain Amended and Restated V89619[14060]7 -1- 22-NOV-93 1b:00:32 Disposition, Development and Implementation Agreement dated December _, 1993, between the Agency and the Developer (the "DDIA"). Except as otherwise herein provided, this Agreement shall survive the issuance by the Agency of the Certificate of Completion, the Public Improvement Certificate of Completion, the Final Public Improvement Certificate of Completion and the Final Site Area 2 Public Improvement Certifi�ate of Completion, each as defined in the DDIA. D. The Redevelopment Plan and the DDIA are public documents, on file in the offices of the City Clerk of the City and the Secretary of the Agency. All capitalized terms not defined in this Agreement shall have the same meaning as ascribed to them in the DDIA. NOW, THEREFORE, THE AGENCY AND Z'HE DEVELOPER AGREE AS FOLLOWS: 1. This Agreement is in accordance with and aubject to the Redevelopment Plan for Redevelopment Project Area No. 1 and the DDIA, and the DDIA is incorporated herein by reference thereto as though fully aet forth herein. 2. Subject to the conditions and limitations contained in the DDIA and the applicable provisions of the Development Agreement (including, but not limited to, Section 3.2 thereof), the Developer hereby covenants and agrees for itself, its succeesors, its assigns, and every successor in interest to the Property, that the Developer, such successors and such assigns, shall use good faith efforts to develop and construct upon the Property those certain commercial/retail facilities described in Exhibit "A" to the Development Agreement with respect to the Property and the Public Improvements as desCribed in the DDIA. The covenants in this paragraph 2 shall run with the land. 3. Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Property, that there shall be no discrimination against or segregation of any pereon or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall Developer, its successors, its assigns, nor any succeaeor in interest to the Property, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, nuaiber, use or occupancy of tenants, lessees, subtenants, V89619[14060]7 -2- 22-NOV-93 16:00:33 sublessees, or vendees in the Property. The foregoing covenants shall run with the land. In the event that any proceedings are commenced against the Developer, any Major or any tenant of the Property alleging that the Developer, such Major or tenant has committed an act prohibited by this paragraph, then provided the Developer, such Majar or tenant fully complies with all directives of the governmental authority asserting jurisdiction in auch proceedings, or upon settlement of any private action, or if any such proceedings are dismissed, such compliance, settlement or dismiasal shall constitute substitute performance by the Developer, auch Major or tenant, of its obligations under this paragraph. 4. All deeds, leases or contracts made relative to the Property or any part thereof, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: a. In deede: "The grantee herein covenants by and for itself, ita successors and assigns, and all peraona claiming under or through them, that there shall be no diecrimination ' againet or segregation of, any person or group of persons on account of sex, marital status, race, color, creed, religion, national origin or ancestry in the sale, leaee, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or pennit any such practice or practices of discrimination or aegregation with reference to the selection, location, number, use or occupancy.of tenants, leseees, subtenants, sublessees, or vendees in the land herein conveyed. The foregoing covenants shall run with the land." b. In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persona claiming under or through them, and this lease ia made and accepted upon and aubject to the following conditions: That there shall be no discri.mination against or segregation of any person or group or persons, on account of aex, marital status, race, color, creed, religion, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure V89619[14060]7 -3- 22-NOV-93 16:00:33 �-�. i or enjoyment of the property interest herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practicea of discrimination or segregation with reference to the aelection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees with respect to the property interest herein leased.�� c. In contracts: "There shall be no discrimination against or segregation of any person or group or pereons, on account of sex, marital status, race, color, creed, religion, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the traneferee itself or any person claiming under or through it, establish or pennit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees of the land." 5. All conditions, covenants and restrictions contained in this Agreement and incorporated herein by reference shall be cwenante running with the land, and shall, in any event, and without regard to technical classification or designation, legal or otherwiee, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of and enforcea.ble by the Agency and its successors and aesigns against Developer, its successors and aeeigns to or of the Property or any portion thereof or any interest therein, and any party in posseasion or occupancy of the Property or any portion thereof. 6. The conditions, covenants and reatrictions contained in paragraph 2 shall terminate on the date the Agency is required to issue the Final Public Improvement Certificate of Completion. The covenants against discrimination set forth in paragraphs 3 and 4 hereof shall remain in perpetuity. Except as otherwise expressly provided herein or therein, all other conditions, covenants and restrictions contained herein or incorporated herein by reference shall terminate on the date the Agency is required to iesue the Final Public Improvement Certificate of Completion. V89619(14060]7 -4- 22-NOV-93 16:00:34 7. In amplification and not in restriction of the provisions set forth hereinabove, it is intended and agreed that the Agency shall be deemed a beneficiary of the agreements and covenants provided hereinabove both for and in ita own right and also for the purposes of protecting the interests of the con4minity. All covenants without regard to technical clasaification or designation shall be binding and enforcea.ble for the benefit of the Agency, and such covenants shall run in favor of the Agency for the entire period during which such covenants shall be in force and effect,� without regard to whether the Agency is or remains an owner of any land or interest therein to which such covenants relate. The Agency shall have the right, in the event of any breach of any such agreement or covenant, to bring and maintain any actions at law or suit in equity or other proper proceedinge to enforce auch agreement or covena.nt and to otherwiee exercise all of its rights and remedies with respect to such breach. 8. Any amenc3ments to the Redevelopment Plan which change the uses or development permitted on the Property or otherwise change, aupplement or eliminate in whole or in part any of the restrictions or controls that apply to the Property shall require the written consent of the Developer its successors or assigns. 9. If any provisions of the DDIA are amended subsequent to the date of execution of this Agreement, the corresponding provisions contained herein or incorporated herein by reference shall be deemed similarly amended, and the Agency shall record such evidence of such amendment as the Developer, its succeseors or assigns, or any successor in interest to the Property may reasonably request. 10. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest pertaining to the Property and pexinitted by the DDIA; provided, however, that any aubsequent owner of Property shall be bound by such covenants, conditions, restrictions, limitatione, and provieions, whether such owner's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise. IN WITNESS WHEREOF, the Agency and the Developer have caused this instrument to be executed this day of , 1993. V89619[14060j7 -5- 22-NOV-93 16:00:35 � -.. pALM DESFsRT RIDEVELOPMENT AGENCY (Agency) By: Title: Ai�lANSON CON�RCIAL DEVELOPMENT CON�ANY, a California corporation (Developer) Date: By= Title: Date: BY= Title: V89619[14060]7 -6- 22-NOV-93 16:OQ:36 . . • ' � ia- — � — - -i. ::,,,,;,<, ' � ,��i� �,'�� Y.;��' � (a. C'��.,. 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