HomeMy WebLinkAboutORD 1039RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
FOR THE BENEFIT OF THE
CITY OF PALM DESERT
- NO FEE -
6103 OF THE GOVT. CODE
DOC N 2003-797230
10/09/2003 08:00A Fee:NC
Page 1 of 22
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk d Recorder
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t CITY OF PALM DESERT
w` ORDINANCE NO. 1039 —
APPROVING A RESTATED
DEVELOPMENT AGREEMENT RELATING
TO THE PROJECT KNOWN AS
"DESERT GATEWAY"
(CASE NO. DA 92-3 RESTATED)
(Title of Document)
ORDINANCE NO. 1039
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
RESTATED DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF PALM DESERT
AND
MONTEREY 170 LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
Ordiance No. 1039
n
TABLE OF CONTENTS
RECITALS............................ .................................................................................... I
OPERATIVE PROVISIONS........................................................................................... 2
1.
Term ...
2.
Development and Continued Use,,,,,,,,,,,,,,,,,,,,,,,,,,,,...............................
3.
Additional Permits and Approvals.............................................................................. 3
4.
Failure to Perform ..
5.
Superseding State or Federal Law ..................... . . ....... .
6.
Successors, Assigns and Beneficiaries ........................................................... 5
7.
Equitable Servitudes.............................................................................................. 5
8.
Negation of Agency. Joint Venture or Partnership . . . . . .. . . . . . . . . . . . . . . ............................ . .. 5
9.
Notices and Other Communications ............ 5
10.
Estoppel Certificates............................................................................................. 5
11.
Applicable Law..............................................................
12.
Venue ...
13.
Attorneys' Fees.................................................................................................... 6
14.
Paragraph Headings....................................................................
15.
Construction...
16.
Indemnification ...
17.
Survival.............................................................................................................6
18.
Calendar Periods.................................................................................................. 7
19.
Severabilily.........................................................................................................7
20.
Further Actions.................................................................................................... 7
21.
Covenant of Good Faith.......................................................................................... 7
22.
Countecparts............................................................................................. ........7
23.
Incomoration of Recitals......................................................................................... 7
24.
Incorporation of Exhibits......................................................................................... 7
25.
Amendment........................................................................................................ 7
26.
Municipal Code.................................................................................................... 8
27.
Recordation........................................................................................................ 8
28.
Tollin..............................................................................................................8
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Ordiance No. 1039 ^
Exhibit "A"
Exhibit "B-1"
Exhibit "B-2"
TABLE OF EXHIBITS
Legal Description of Original Property
Legal Description of Monterey Property
Monterey Property Site Plan
ii
Ordiance No. 1039
n
RESTATED DEVELOPMENT AGREEMENT
This Restated Development Agreement ("Agreement") is entered into the effective as of the
Effective Date (as defined below), between the City of Palm Desert, a municipal corporation,
("City") and Monterey 170 LLC, a California limited liability company ("Developer").
RECITALS
A. The City is authorized by Title 25, Chapter 25.37 of its Municipal Code
("Municipal Code") to enter into binding development agreements for the development of real
property in its municipal limits, with persons who have legal or equitable interests in that real
property .
B. The City, Developer (or Developer's predecessor -in -interest) and other property
owners previously entered into a Development Agreement, dated February 4, 1993 and recorded
May 14, 1993 in the Official Records of the County of Riverside as Document No. 181069 (the
"1993 Development Agreement") covering certain real property now located in the municipal
limits of the City, and more particularly described in Exhibit "A" attached hereto (the "Original
Property").
C. Among other provisions, the 1993 Development Agreement preserves certain
aspects of the provisions of the County of Riverside zoning as to the Original Property, as part of
the governing development criteria for the Original Property (" 1993 Development Criteria").
D. Developer owns certain parcels of real property, constituting approximately 70 acres
of the Original Property (Parcel 29 of Tentative Vesting Parcel Map 24255), which are described in
Exhibit "B-1" and depicted on the Site PIan attached as Exhibit "13-2" (the "Monterey Property").
E. City has granted certain entitlements and approvals with respect to the Monterey
Property, including Precise Plan/Conditional Use Permit No. PP01-30, Tract Map No. 30502
(collectively, the "Project Entitlements) permitting the development and use of the Monterey
Property as a retail shopping center consisting of approximately 697,750 square feet of space (the
"Project"). The development criteria embodied in the Project Entitlements are collectively referred
to herein as the "New Development Criteria".
F. Developer has applied to City for approval and enactment of this Agreement as the
primary governing instrument for the development of the Project and continued use of the
Monterey Property, thereby restating the 1993 Development Agreement and the 1993 Development
Criteria contained in the 1993 Development Agreement, provided this Agreement is only applicable
as to the Monterey Property.
G. The City's current zoning designation for the Property is PC(3). Among other
provisions, the PC(3) zone prohibits "supermarkets" (as defined in Section 25.04.796 of the
Municipal Code) having twenty thousand gross square feet or more. Developer has further applied
to the City for the approval and enactment of this Agreement, which, without limitation, provides
the necessary entitlements to establish a supermarket, (as defined in Section 25.04.796 of the
IN 5 of f �2
Ordnance No. 1039
Municipal Code) having twenty thousand gross square feet or more, on the Monterey Property, prior
to the expiration of the term of this Agreement, consistent with the New Development Criteria.
H. The City's Planning Commission (the "Planning Commission") and City Council (the
"City Council") have conducted public hearings with respect to this Agreement and have found that
the provisions of this Agreement are consistent with the City's General Plan (the "General Plan")
including, without limitation, the provisions of the General Plan which address permitted uses,
design and development guidelines, streetscapes, public improvements, transportation, circulation,
subdivision and development of the Monterey Property. The Planning Commission and the City
Council have also found that the provisions of this Agreement implement the goals, objectives,
policies and standards of the Land Use Element of the General Plan.
I. On March 13, 2003, the City Council adopted Ordinance No. 1039 ("Enacting
Ordinance") which enacted this Agreement, which Enacting Ordinance became final and effective
on April 14, 2003 ("Effective Date").
J. By adopting the Enacting Ordinance, the City Council has elected to exercise certain
governmental powers at the present time rather than deferring those actions until an undetermined
future date and has done so intending to bind City and future City Councils and intending to limit
City's future exercise of certain governmental powers. This Agreement has undergone extensive
review by City, the Planning Commission and the City Council and has been found to be fair, just
and reasonable and in the best interests of the citizens of City and the public health, safety and
welfare.
K. By adopting the Enacting Ordinance, the City Council approves this Agreement and
intends this Agreement to be the primary governing instrument for the development of the Project
and continued use of the Property, in lieu of any other permit or approval, except for those permits
and approvals which are specifically identified in this Agreement.
IN CONSIDERATION of the mutual covenants and conditions in this Agreement, the
parties agree as follows:
OPERATIVE PROVISIONS
1. Term. This Agreement will commence on the Effective Date and continue for a
period of one (1) year following the issuance by the City of the first certificate of occupancy for a
building constructed on the Monterey Property, subject to Paragraph 28 below (the "Term").
Without limiting the effect of the foregoing, the Parties agree that Developer shall have the right to
develop the Monterey Property in such order and at such times as Developer deems appropriate
within the exercise of Developer's subjective business judgment. After completion of the
development of the Project, the effect of this Agreement will be to govern the continued use of the
Monterey Property, to the extent of ensuring, for land use purposes, (A) that the Project continues as
a group of legal, conforming uses and structures, (B) the Developer's ability to upgrade, expand and
remodel the Project, in accordance with this Agreement, and (C) the Developer's ability to
2
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Ordiance No. 1039
repair or rebuild the Project as one or more legal, conforming uses and strictures, in accordance
with this Agreement, if the Project is damaged or destroyed.
Notwithstanding any other provision in this Agreement, no total or partial termination of
this Agreement will act to cancel, limit or alter, in any way, any of the development entitlements
which the Developer has previously obtained including without limitation, the Project Entitlements.
2. Development and Continued Use.
(a) The Project and continued use of the Monterey Property will be governed by
this Agreement. Although this Agreement may refer to certain provisions of the Municipal Code
for details which are not provided in this Agreement, this Agreement will govern the Project and
the continued use of the Monterey Property, it being acknowledged and agreed that certain aspects
of the Project may not conform to the provisions of the Municipal Code. The controlling land use
designation for the Monterey Property is established to include: department stores, banks, variety
stores, professional offices, supermarkets, restaurants, including drive-in or drive -through, and
general retail uses, amusement and recreation establishments, including but not limited to theaters
and amusement arcades, outdoor sales of arts, crafts, - clothing, goods, wares and other
merchandise, as incorporated into the Project Entitlements. If any provision in this Agreement is in
conflict with the development standards in the Municipal Code, then the conflicting provision in the
Agreement will supersede and control.
(b) Subject to the provisions in subparagraph 2(a), Developer will have the
vested right to develop the Project and use the Monterey Property in accordance with the provisions
of this Agreement.
(c) Development of the Monterey Property including, without limitation, the
density, intensity and type of use, the maximum height and size of buildings, building setback
requirements, parking requirements, landscaping requirements, loading zone requirements and
provisions for reservation or dedication of land for public purposes, will be governed by the Project
Entitlements. and the New Development Criteria embodied in the Project Entitlements. City
acknowledges and agrees that the Project Entitlements specifically permit the development, use, and
division of land as proposed by the Project.
(d) The obligations of Developer as contained in the 1993 Development
Agreement are hereby superseded in their entirety by the conditions contained in the Project
Entitlements, and are of no further force and effect. Without limiting the effect of the foregoing,
the City's obligations contained in Section 4.2 of the 1993 Development Agreement, including
without limitation, the constriction of traffic signals and turning lanes, are hereby restated as
enforceable obligations.
3. Additional Permits and Approvals. The only additional City permits and approvals
which will be required for the Project and continued use of the Monterey Property, will be as
follows:
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Ordiance No. 1039 ^
(a) Each improvement at the Monterey Property will be subject to design review
and architectural approval by the City's Architectural Review Commission, including but not
limited to landscaping and buildings.
(b) Each improvement at the Monterey Property will be subject to the issuance
by City of construction permits, including but not limited to grading and building permits.
(c) The occupancy of improvements at the Monterey Property will be subject to
the issuance by City of certificates of occupancy, or other equivalent permit(s).
4. Failure to Perform.
(a) If City does not find good faith compliance with the provisions of this
Agreement by Developer, then City will have all of the remedies which are provided in the
Municipal Code and will comply with all of the procedures which are provided in Section 65865.1
of the Government Code and the Municipal Code.
(b) . If City fails to perform any of its obligations as provided in this Agreement
and fails to cure its nonperformance within thirty (30) days after notice of nonperformance is given
by Developer, then City will be in default and Developer will have all of the remedies which are
available to them, individually or collectively, at law or in equity; provided, however, that if City's
failure to perform cannot reasonably be cured within such thirty (30) day period, then City will not
be in default of this Agreement if it commences to cure its nonperformance within such thirty (30)
day period and thereafter diligently and in good faith prosecutes such cure to completion. Without
limiting the effect of the foregoing, the parties acknowledge and agree that the subject matter of this
Agreement is unique and that money damages may be inadequate to compensate Developer and
therefore, at the election of Developer, this Agreement may be specifically enforced.
(c) The City's Planning Commission shall review Developer's good faith
compliance with the terms of the Agreement every six (6) months. If as a result of this review, the
Planning Commission finds and determines, on the basis of substantial evidence, that the Developer
has not complied in good faith with terms or conditions of the agreement, it shall recommend to the
City Council that the Agreement be modified or terminated. If the City Council concurs with the
Planning Commission recommendation, the Agreement shall be modified or terminated.
Proceedings before the City Council shall be a noticed public hearing per Chapter 25.86 of the
Municipal Code.
5. Spgrseding, State or Federal Law. If any state or federal law or regulation which is
enacted or adopted after the Effective Date or any other action of any governmental entity which is
not under City's control, prevents or precludes compliance with any provision of this Agreement,
then that provision of this Agreement will be modified or suspended only to the extent and for the
time necessary to achieve compliance with that law, regulation or other governmental action and the
remaining provisions of this Agreement will continue in full force and effect and the parties will
negotiate in good faith for such amendments to this Agreement as may be necessary to achieve its
intent, notwithstanding the existence of such state or federal law or regulation or other
governmental action. On the repeal of any such law, regulation or other governmental action or on
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Ordiance No. 1039
the occurrence of any other circumstance which removes the effect of the same on this Agreement,
the provisions of this Agreement will be automatically restored to their full original effect and any
amendment to this Agreement which the parties have entered into as a result of any such law,
regulation or other governmental action, will terminate.
6. Successors, Assigns and Beneficiaries. All of the provisions of this Agreement will
inure to the benefit of and be binding on the respective successors and assigns of the parties.
7. Equiitahle Servitudes. All of the provisions of this Agreement will be enforceable as
equitable servitudes and will constitute covenants running with the land to the extent allowed by
applicable law.
9. Negation of Agency, Joint Venture or Partnership. The parties acknowledge that in
entering into this Agreement, they are acting as independent entities and not as agents of the other in
any respect. The parties hereby renounce the existence of any form of joint venture or partnership
among or between them and agree that nothing in this Agreement will be construed as making them
joint venturers or partners.
9. Notices and Other Communications. All notices or other communications which are
required or permitted to be given to the parties will be in writing and will be given either by personal
service or by mailing the same by certified or registered mail, postage prepaid, return receipt
requested, or overnight mail delivery service, addressed as follows:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Manager
Monterey 170 LLC
501 Spectrum Circle
Oxnard, CA 93030
Attn: Dan Rosenthal
If any such notice or other communication is given by personal delivery, then it will
be deemed given as of the date of delivery. If any such notice or other communication is given by
mail, then it will be deemed given as of the date of receipt or rejection. Addresses to which notices
or other communications may be delivered, may be changed from time to time by a notice which is
given as provided in this paragraph 9.
10. Estoppel Certificate s. At the request of either party, the other party will, within ten
(10) days, certify in writing that, to the best of its knowledge, (a) this Agreement is in full force
5
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Ordiance No. 1039
and effect and is a binding obligation of the certifying parry, (b) this Agreement has not been
amended or modified, except as is expressly provided in that estoppel certificate and (c) no default
in the performance of the requesting parry's obligations as provided in this Agreement exists,
except as is expressly provided in that estoppel certificate.
11. Applicable Law. This Agreement wi.11 be construed and enforced as provided in
California law.
12. Venue. Any legal action with respect to this Agreement will be brought, at the
election of Developer in either Riverside County Superior Court or in the United States District
Court for the Central District of California.
13. Attorneys' Fees. If legal action is taken to enforce or interpret any provision of this
Agreement, then the prevailing party in that action will be entitled to recover from the losing party
all attorneys' fees, court costs and necessary disbursements in connection with that action.
14. Paragraph Headings. The paragraph headings of this Agreement are for
convenience only and are not a part of and are not intended to govern, limit or aid in the
interpretation of any provision of this Agreement.
15. Construction. In all cases, the language in this Agreement will be construed simply,
according to its fair meaning and not strictly for or against either parry, it being agreed that the
parties or their agents have participated in the preparation of this Agreement.
16. Indemnification.
(a) Developer will defend, indemnify and hold City and its elected officials,
officers and employees free and harmless from any loss, cost or liability (including without
limitation, liability arising from injury or damage to persons or property, including wrongful death
and worker's compensation claims) which results from (i) any failure on the part of Developer to
take any action which they are required to take as provided in this Agreement, (ii) any action taken
by Developer which is prohibited under this Agreement, and (iii) any claim that results from any
willful or negligent act or omission of Developer.
(b) City will defend, indemnify and hold Developer and its shareholders,
directors, officers, employees, agents, consultants, successors and assigns, free and harmless from
any and all loss, cost or liability (including, without limitation, liability arising from injury or
damage to persons or property, including wrongful death and worker's compensation claim(s)
which results from (i) any failure on the part of City to take any action which it is required to take
as provided in this Agreement, (ii) any action taken by City which it is prohibited from taking as
provided in this Agreement, and (iii) any claim that results from any willful or negligent act or
omission of City.
17. Survival. Each and every covenant in this Agreement will survive the execution and
delivery of this Agreement for the benefit of the parties.
1.1
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Ordiance No. 1039 /0811
( )
18. Calendar Periods. All references in this Agreement to "years", "quarters",
"months" and "days" will be deemed to be to references to calendar years, quarters, months and
days.
19. Severability. Every provision of this Agreement is and will be construed to be a
separate and independent covenant. If any provision of this Agreement or the application of the
same is, to any extent, found to be invalid or unenforceable for any reason whatsoever, then the
remainder of this Agreement or the application of that provision to circumstances other than those
to which it is invalid or unenforceable, will not be affected by the same and each provision of this
Agreement will be valid and will be enforced to the extent permitted by the law and the parties will
negotiate in good faith for such amendments to this Agreement as may be necessary to achieve its
intent, notwithstanding such invalidity or unenforceability.
20. Further Actions. Whenever and as often as it is requested to do so by the other
parry, each party will execute, acknowledge and deliver or cause to be executed, acknowledged or
delivered, any and all such further documents as may be necessary, expedient or proper in order to
achieve the intent of this Agreement.
21. Covenant of Good Faith. In exercising their rights and in performing their
obligations as provided in this Agreement, the parties will cooperate with one another in good faith,
so the intent of this Agreement can be attained.
22. Counterparts. This Agreement may be executed in counterparts, each of which will
be deemed to be an original for all purposes and all such counterparts will constitute one and the
same agreement.
23. Incorporation of Recitals. The "Recitals" in this Agreement are material and are
incorporated by reference as though fully set forth hereat.
24. Incorporation of Exhibits. The Exhibits to this Agreement are incorporated by
reference as though fully set forth hereat.
25. Amendment.
(a) No amendment or waiver of any term of this Agreement will be binding on
the City unless and until it has been approved by the City Council and has become effective, or on
Developer unless and until it has been executed by Developer.
(b) Notwithstanding anything to the contrary contained herein, no modification
of any past, present or future development entitlement with respect to the Monterey Property,
including without limitation, the Project Entitlements, shall require an amendment of this
Agreement.
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Ordiance No. 1039 �1
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26. Municipal Code. Except where otherwise expressly provided, all references in this
Agreement to the Municipal Code or any section of the Municipal Code, will be deemed to be
references to the Municipal Code as it exists at the time of inquiry.
27. Recordation. No later than 10 days after the Effective Date of this Agreement,
Developer will, at its cost, record this Agreement in the Official Records of the Riverside County
Recorder.
28. Tollmiz. In the event that any litigation, proceeding, regulatory or administrative
challenge is instituted by any third parry challenging the Agreement and/or the Project, including
without limitation, the validity of the Agreement, the actions of the Planning Commission and/or
City Council in approving the Agreement, Developer's compliance with the Agreement and/or
conditions contained in the Project (collectively an "Action"), the Term shall be suspended and
tolled commencing with the time in which the Action is fast filed until the final, non -appealable
resolution of the Action.
[SIGNATURES FOLLOW]
IIIIIII IN 1111111111111111111 IN `°"12 ;'•
Ordiance No. 1039
ATTEST:
— ' _r
Ln
'RACHEL4D. KLASSEN, CITY CLERK
APPROVED AS TO FORM AND
LEGAL C N
By:
City ttorney
E
CITY
City of Palm Desert, a municipal
M. BENSON) MAYOR
DEVELOPER
Monterey 170 LLC, a California limited
liability company
Its:��-
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10 � 05!�OC+s 9� 9dt+
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Ordiance No. 1039
STATE OF L,/
COUNTY OF ,( U
On // _, 2003 before me, the undersigned, a Notary Public in and
for said County and State, personally appeared S Ata L49 , pmom'y- known
to in or proved to me on the basis of satisfactory evidence to be the person( whose name4l ,tfe
subscribed to the within instrument and acknowledged to me tha41�/,jk6/Wy executed the same in
_9/W/tyir authorized capacity�s), and that byd�;l r/tly& signature(g) on the instrument the
person�41 or entity upon behalf of which the person(l) acted, executed the instrument.
WITNESS my hand and official seal.
Rl 'Ci L RiCHARDSON
C:orlimtssion 01329010
L
Notary Public - Celifomis
K •verside County
sty _011M Expires Dec 6, 2005
STATE OF e l i- rn ta— )
COUNTY OF Pq[",5d-t , )
On jVtaLjn:h� 21 _, 2003 before me, the undersigned, a Notary Public in and
for said County and State, personally appeared 22d4d k D. Kja&stn 4rsonally known
to me o pmved to me on the bas apt^ to be the perso (s whose nam �sl�
subscribed to the within instrument and acknowledged to me that�ii�/s!'Ee executed the same in
hissueer/ a authorized capaci , and that by other ui signatur s on the instrument the
perso s , or entity upon behalf of which the persol acted, executed the instrument.
WITNESS my hand and official seal
VERONICA TAPIA
Commission # 1224587 Z
z Notary Public - Colifomin
Riverside County
My Comm Expires Jun 14, 2003
to
11111 HIM 1111111111111111 IN 1111111111 HIM III IN ;;2.
Ordiance No. 1039
LEGAL DESCRIPTION OF
THE "ORIGINAL PROPERTY"
PARCELI:
The Southwest quarter of the Northwest quarter of Section 29, Township 4 South, Range 6 East,
San Bernardino Base and Meridian, according to the Official Plat thereof.
EXCEPTING therefrom the Northerly 100 feet of the Easterly 200 feet thereof.
ALSO EXCEPTING therefrom the Westerly 55 feet as conveyed to the County of Riverside, by
deed recorded August 21, 1985 as Instrument No. 187127, of Official Records.
S
T
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PARCEL 2.
oi
The Southerly 100 feet of the Westerly 200 feet of the Northwest quarter of the Northwest
quarter of Section 29, Township 4 South, Range 6 West, San Bernardino Base and Meridian,
according to the Official Plat thereof.
EXCEPTING therefrom a 1/3 interest in the well located thereon
ALSO EXCEPTING therefrom the Westerly 55 feet as conveyed to the County of Riverside by
deed recorded August 21, 1985 as Instrument No. 187127.
.r. ALSO EXCEPTING therefrom that portion lying within that portion of the Northwest quarter of
Section 29, Township 4 South, Range 6 East, San Bernardino Base and Meridian, more
particularly described as follows:
•� COMMENCING at the Northwest corner of said Section 29, thence South 000 01' 01" East,
55.00 feet along the West line of said Section 29; thence North 89' 58' 50"; East, 90.00 feet to
the true point of beginning; thence continuing North 89' 58' 50" East, 218.06 feet to the
beginning of a tangent curve, concave Southerly, having a radius of 1945.00 feet, a line radial to
said point bears South 00' 01' 10" East, thence Southeasterly along said curve through a central
J angle of 38' 45' 52" an arc distance of 1315.92 feet; thence South 05' 15' 22" East, 33.09 feet;
thence South 40' 44' 34" West, 10.65 feet to the beginning of a tangent curve, concave Easterly,
having a radius of 1044.00 feet, a line radial to said point bears South 49' 15' 26" East; thence
Southwesterly along said curve through a central angle of 40' 49' 55" an arc distance of 744.01
feet; thence South 00' 05' 21" East, 58.58 feet; thence South 44' 56' 24" West, 32.54 feet;
thence South 89' 58' 10" West, 1155.81 feet; thence North 45' 01' 26" West, 32.53 feet; thence
North 00' 01' 01" West, 1188.20 feet; thence North 44' 58' 55" East 32.53 feet to the true point
of beginning.
Legal description included herein is already of record in the Official Records of the County of
Riverside as Document No. 181069, recorded May 14, 1983. In the event of any discrepancies,
Document No. 181069 shall control.
LEGAL DESCRIPTION OF THE "ORIGINAL PROPERTY"
Exhibit "A"
Page 1 of 5
Ordiance No. 1039
PARCEL 3:
The Northwest quarter of the Northwest quarter of Section 29, Township 4 South, Range 6 East,
San Bernardino Base and Meridian, according to Official Plat thereof.
EXCEPTING the Southerly 100 feet of the Westerly 200 feet thereof,
ALSO EXCEPTING the North half of the Northwest quarter of the Northwest quarter of
Section 29.
ALSO EXCEPTING therefrom the Westerly 55 feet as conveyed to the County of Riverside by
deed recorded August 21, 1985 as Instrument No. 187126.
z
170 ALSO EXCEPTING therefrom that portion lying within that portion of the Northwest quarter of
m Section 29, Township 4 South, Range 6 East, San Bernardino Base and Meridian, more
particularly described as follows:
COMMENCING at the Northwest corner of said Section 29, thence South 000 01' 0 1 " East,
55.00 feet along the West line of said Section 29; thence North 990 58' 50" East, 90.00 feet to
the true point of beginning-, thence continuing North 89' 58' 50" East, 218.06 feet to the
beginning of a tangent curve, concave Southerly, having a radius of 1945.00 feet, a line radial to
said point bears South 00' 01' 10" East; thence Southeasterly along said curve through a central
angle of 39' 45' 52" an arc distance of 1315.92 feet; thence South 05' 15' 22" East, 33.09 feet;
thence South 40' 44' 34" West, 10.65 feet to the beginning of a tangent curve, concave Easterly,
having a radius of 1044.00 feet, a line radial to said point bears South 49' 15' 26" East, thence
Southwesterly along said curve through a central angle of 40' 49' 55" an arc distance of 744.01
feet; thence South 00' 05' 21" East, 58.58 feet; thence South 44' 56' 24" West, 32.54 feet;
i thence South 89' 58' 10" West, 1155.81 feet; thence North 450 0V 26" West; 32.53 feet; thence
North 000 0V 0 1 " West, 1188.20 feet; thence North 44' 58' 55" East, 32.53 feet to the true point
of beginning.
PARCEL 4:
The North half of the Northwest quarter of the Northwest quarter of Section 29, Township 4
South, Range 6 East, San Bernardino Base and Meridian. According to the Official Plat thereof.
EXCEPTING therefrom the Westerly 55 feet as conveyed to the County of Riverside by deed
recorded August 21, 1985 as Instrument No. 187125.
ALSO EXCEPTING therefrom that portion lying within that portion of the Northwest quarter of
Section 29, Township 4 South, Range 6 East, San Bernardino Base and Meridian, more
particularly described as follows:
Legal description included herein is already of record in the Official Records of the County of
Riverside as Document No. 181069, recorded May 14, 1983. In the event of any discrepancies,
Document No. 181069 shall control.
LEGAL DESCRIPTION OF THE "ORIGINAL PROPERTY"
Exhibit "A"
Page 2 of 5
Ordiance No. 1039
COMMENCING at the Northwest corner of said Section 29, thence South 00' 01' 01" East
55.00 feet along the West line of said Section 29; thence North 89' 58' 50" East, 90.00 feet to
the true point of beginning, thence continuing North 89' 58' 50" East, 218.06 feet to the
beginning of a tangent curve, concave Southerly, having a radius of 1945.00 feet, a line radial to
said point bears South 00' 01' 10" East; thence Southeasterly along said curve through a central
angle of 38' 45' 52" an arc distance of 1315.92 feet; thence South 05' 15' 22" East, 33.09 feet;
thence South 40' 44' 34" West, 10.65 feet to the beginning of a tangent curve, concave Easterly,
having a radius of 1044.00 feet, a line radial to said point bears South 490 15' 26" East; thence
Southwesterly along said curve through a central angle of 40' 49' 55" an arc distance of 744.01
feet; thence South 00' 05' 21" East, 59.58 feet; thence South 44' 56' 24" West, 32.54 feet;
thence South 89' 58' 10" West, 1155.81 feet; thence 45' 01' 26" West 32.53 feet; thence North
00' 01' 01" West, 1188.20 feet; thence North 44' 58' 55", East 32.53 feet to the true point of
beginning.
T •� C.
PARCEL 5:
That portion of the Northeast quarter of the Northwest quarter of Section 29, Township 4 South,
Range 6 East, San Bernardino Base and Meridian, according to Official Plat thereof, lying
Southwesterly of the Southern Pacific Railroad Company right of way, 200 feet in width as
C reserved in and deed recorded January 23, 1912, in Book 652, Page 138 of Deeds, Riverside
County Records.
ALSO EXCEPTING therefrom that portion lying within that portion of the Northwest quarter of
Section 29, Township 4 South, Range 6 East, San Bernardino Base and Meridian, more
particularly described as follows:
C
COMMENCING at the Northwest corner of said Section 29, thence South 00' 01' 01" East,
55.00 feet along the West line of said Section 29; thence North 89' 58' 50" East, 90.00 feet to
the true point of beginning, thence continuing North 89' 58' 50" East, 218.06 feet to the
beginning of a tangent curve, concave Southerly having a radius of 1945.00 feet, a line radial to
said point bears South 00' 01' 10" East; thence Southeasterly along said curve through a central
angle of 38' 45' 52" an arc distance of 1315.92 feet; thence South 05' 15' 22" East, 33.09 feet;
thence South 40' 44' 34" West, 10.65 feet to the beginning of a tangent curve, concave Easterly,
having a radius of 1044.00 feet, a line radial to said point bears South 49' 15' 26" East; thence
Southwesterly along said curve through a central angle of 40' 49' 55" an arc distance of 744.01
feet; thence South 00' 05' 2 1 " East, 58.58 feet; thence South 44' 56' 24" West, 32.54 feet;
thence South 89' 58' 10" West, 1155.81 feet; thence North 450 01' 26" West, 32.53 feet; thence
North 00' 01' 01" West, 1188.20 feet; thence North 44' 58' 55" East 32.53 feet to the true point
of beginning.
Legal description included herein is already of record in the Official Records of the County of
Riverside as Document No. 181069, recorded May 14, 1983. In the event of any discrepancies,
Document No. 181069 shall control.
LEGAL DESCRIPTION OF THE "ORIGINAL PROPERTY"
Exhibit "A"
Page 3 of 5
Ordi3nce No. 1039
n
PARCEL 6:
The North one-half of the Southeast quarter of the Northwest quarter of Section 29, Township 4
South, Range 6 East, San Bernardino Base and Meridian, according to Official Plat thereof.
PARCEL 7:
The Northerly 100 feet of the Easterly 200 feet of the Southwest quarter of the Northwest quarter
of Section 29, Township 4 South, Range 6 East, San Bernardino Base and Meridian.
PARCEL 8:
S
That portion of the Northwest quarter of Section 29, Township 4 South, Range 6 East, San
CU Q
Bernardino Base and Meridian, more particularly described as follows:
a=' n
,U COMMENCING at the Northwest corner of said Section 29, then South 00' 01' 01" East, 55.00
feet along the West line of said Section 29, thence North 89' 58' 50" East, 90.00 feet, to the true
point of beginning; thence continuing North 89' 58' 50" East, 218.06 feet to the beginning of a
tangent curve, concave Southerly, having a radius of 1945.00 feet, line radial to said point bears
South 00' 01' 10" East; then Southeasterly along said curve through a central angle of 38' 45'
52" an arc distance of 1315.92 feet, thence South 05' 15' 22" East, 33.09 feet; thence South 40'
44' 34" West, 10.65 feet to the beginning of a tangent curve, concave Easterly, having a radius
of 1044.00 feet, a line radial to said point bears South 49' 15' 26" East; then Southwesterly
along said curve through a central angle of 40' 49' 55" an arc distance of 744.01 feet; then South
00' 05' 2 1 " East, 58.58 feet; then South 44' 56' 24" West, 32.54 feet; then South 89' 58' 10"
West, 1155.81 feet; then North 45' 01' 26" West, 32.53 feet; then North 00' 01' 01" West,
1188.20 feet; then North 44' 58' 55" East 32.53 feet to the true point of beginning.
PARCEL 9:
Real property located in the unincorporated area of the County of Riverside, State of California,
described as:
COMMENCING the East 1400 feet, as measured along the South line of that portion of the
Northeast quarter of Section 29, Township 4 South, Range 6 East, San Bernardino Base and
Meridian, as shown by United States Government Survey, which lies Southwesterly of the
Southwesterly line of the strip of land 200 feet wide reserved by the Southern Pacific Railroad
Company in Deed recorded March 23, 1912 in Book 347, page 127 of Deeds, Riverside County
Records.
Legal description included herein is already of record in the Official Records of the County of
Riverside as Document No. 181069, recorded May 14, 1983. In the event of any discrepancies,
Document No. 181069 shall control.
LEGAL DESCRIPTION OF THE "ORIGINAL PROPERTY"
Exhibit "A"
Page 4 of 5
Ordiance No. 1039
f
PARCEL 10:
Real property located in the unincorporated area of the County of Riverside, State of California,
described as:
COMMENCING the Northerly 455 feet of the Southwest quarter of Section 29, Township 4
South, Range 6 East, San Bernardino Base and Meridian, as shown by United States Government
Survey approved February 29, 1856:
EXCEPTING therefrom 50 percent of all oil, gas, and other hydrocarbon substances and all other
minerals underlying said land as reserved in deed from Chester W. Froude and Gladys R.
Froude, husband and wife, to Blanche Stephen, an unmarried woman:
ALSO EXCEPTING therefrom the Westerly 55 feet thereof (measured at right angles) conveyed
s to the County of Riverside by document recorded July 25, 1985, as Instrument No. 163780 of
z.J
. Official Records of Riverside County, California.
fti � S
T
PARCEL 11:
rMz
U
Real property located in the unincorporated area of the County of Riverside, State of California,
described as:
COMMENCING the Southwest quarter of Section 29, Township 4 South, Range 6 East, San
Bernardino Base and Meridian, as shown by United States Government Survey:
EXCEPTING therefrom the South 1470 fees and the North 455 feet thereof,
EXCEPTING therefrom the Westerly 55 feet thereof (measured at right angles) conveyed to the
County of Riverside by document recorded July 25, 1985, as Instrument No. 163781 of Official
Records of Riverside County, California.
PARCEL 12:
The South half of the Southeast quarter of the Northwest quarter of Section 29, Township 4
South, Range 6 East, San Bernardino Base and Meridian.
Together with a 20 foot easement for ingress and egress along the South line of the Southwest
quarter of the Northwest quarter of Section 29, Township 4 South, Range 6 East, San Bernardino
Base and Meridian.
Legal description included herein is already of record in the Official Records of the County of
Riverside as Document No. 181069, recorded May 14, 1983. In the event of any discrepancies,
Document No. 181069 shall control.
LEGAL DESCRIPTION OF THE "ORIGINAL PROPERTY"
Exhibit "A"
Page 5 of 5
Ordidnce No. 1039 001�
LEGAL DESCRIPTION
PALM DESERT GATEWAY PROJECT
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 4 SOUTH, RANGE
6 EAST, SAN BERNARDINO BASE AND MERIDIAN, CITY OF PALM DESERT, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION
29, THENCE ALONG THE NORTH LINE OF SAID SECTION 29, SOUTH 89°59'23" EAST, 92.85
FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00000'37" WEST, 50.00 FEET TO THE TRUE
POINT OF BEGINNING; THENCE SOUTH 89°59'23" EAST, 209.21 FEET TO THE BEGINNING OF
A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 1,950.00 FEET; THENCE EASTERLY
AND SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41010'34" AN
ARC LENGTH OF 1,401.38 FEET; THENCE NON TANGENT SOUTH 02°48'58" EAST, 33.09 FEET;
THENCE SOUTH 43010'52" WEST, 132.29 FEET TO THE BEGINNING OF A CURVE, CONCAVE
EASTERLY, HAVING A RADIUS OF 844.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43013'58" AN ARC LENGTH OF 636.84
FEET: THENCE SOUTH 00°03'06" EAST, 1,352.51 FEET; THENCE SOUTH 44°58'27" WEST, 32.53
FEET; THENCE SOUTH 89059'59" WEST, 1.157.69 FEET; THENCE NORTH 44°59'16" WEST, 32.53
FEET; THENCE NORTH 00°01'30" EAST, 2,517.23 FEET; THENCE NORTH 45015' 17" EAST, 36.42
FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 71.63 ACRES, MORE OR LESS. THE ABOVE
DESCRIBED PARCEL IS ALSO REFERRED TO AS PARCEL 29 OF TENTATIVE PARCEL MAP
24255 ANTICIPATED TO BE RECORDED AT A LATER DATE.
LEGAL DESCRIPTION OF MONTEREY PROPERTY
EXHIBIT "B-1"
11111111111 IN 1111111111111111111 IN
Ordiance No. 1039
SITE PLAN
"MONTEREY PROPERTY"
CLERKS' CERTIFICATE
I, IQ,pZ,4EW g; D. k" _ AM THE CITY CLERK OF THE CITY OF PALM DESERT. I HEREBY
CERTIFY THAT A TRUE ANC CORRECT COPY OF THE DOCUMENT IDENTIFIED AS THE "SITE
PLAN" IN THE RESTATED DEVELOPMENT AGREEMENT CONCERNING THE APPROXIMATE
70+/- ACRES OF REAL PROPERTY (designated as Parcel 29 of Tentative Vesting Parcel Map 24255 anticipated to be
recorded), AND IDENTIFIED AS THE "MONTEREY PROPERTY" IS ON FILE IN MY OFFICE LOCATED AT 73-
510, FRED WARING DRIVE, PALM DESERT, CALMORNIA.
4 0VINI
:—
Sf6L+-- J 0al l-6Y114 ,
coun+y a 21ve6ick
On _, 2003 before m the undersigned, a Notary Public in and for said County and State,
personally appeared A 0Jei1onally known to me
azadoma to be the persov5 whose namdMr%i&4Qlsubscribed to the within instrument and acknowledged to me that
--hatsi y executed the same in 'tQ ISe?� authorized caps i le , and that by u i signatur (Q on the
instrument the person or entity upon behalf of which the pers (s acted, and
the instrument.
iotary licWITNESS my
hand and official seal.
VL -10N ICA TAPIA
Commission • 1224587
T Notary Public - Calftmia
KIverside County
MY COT-,, F.)ires Jun 14, 2003
THE "MONTEREY PROPERTY"
EXHIBIT "B-2"
I�IVIII�IIIIInN�INIdIIIIIIIIIIIIBI�IIIdM �200--11 -71 J"2 �0
ORDINANCE NO. 1039
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING A RESTATED DEVELOPMENT
AGREEMENT RELATING TO THE PROJECT KNOWN AS
DESERT GATEWAY LOCATED AT THE SOUTHEAST
CORNER OF MONTEREY AVENUE AND DINAH SHORE
DRIVE.
CASE NO. DA 92-3 RESTATED
WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th
day of February, 2003, hold a duly noticed public hearing to consider a request by
Riley/Carver, LLC, for approval of a restated development agreement DA 92-3; and
WHEREAS, the Planning Commission by its Resolution No.2177 has recommended
approval; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to justify its actions:
ni
The proposed development agreement is consistent with the provisions of the
Municipal Code Chapter 25.37, Development Agreements.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That DA 92-3 Restated (Exhibit A attached hereto) is hereby approved.
3. The City Clerk of the City of Palm Desert, California, is hereby directed to
publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the city of Palm Desert, California, and shall be in
full force and effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 13th day of MARCH 2O03, by the following vote, to
wit:
AYES: KELLY, SPIEGEL, BENSON
NOES: CRITES -1
ABSENT: FERTGUSON i 1
ABSTAIN: NONE
�ATTTEEST.-
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
JEA"ENSON, Mayor
EACH DOCUMENT TO WHICH THIS CERTIFICATE 18
ATTACHED. IS CERTIFIED TO BE A FULL. TRUE ANO
CORRECT COPY OF THE ORIGINAL ON FILE ANO ON
RECORD IN MY OFFIC
Dated:
RACHELLE D. KLASSEN, City CWk
ar