HomeMy WebLinkAboutORD 1059RECORDING 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 # 2006-0762032
10/17/2006 08:00A Fee:NC
Page 1 of 81
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
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Addendum to
Development Agreement DA 97-2 (Wonder Palms)
Between the
City of Palm Desert,
Palm Desert University Village, LLC,
Palm Desert Hospitality, LLC, and
Shaw -Palm Desert 1, LLC
ORDINANCE NO. 1059
(Title of Document)
ORDINANCE NO. 1059
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CHANGE OF
ZONE FROM PR-5 TO PCD, AN ADDENDUM TO
DEVELOPMENT AGREEMENT 97-2, AND A NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AS IT RELATES
THERETO, EXPANDING PLANNING AREA #3 OF THE WONDER
PALMS MASTER PLAN AT THE SOUTHWEST CORNER OF
COOK STREET AND GERALD FORD DRIVE, 37-001 COOK
STREET.
CASE NOS. C/Z 03-10 AND DA 03-03
WHEREAS, the City Council of the City of Palm Desert, California, did on the
11th day of December, 2003, hold a duly noticed public hearing to consider the request
by RICK EVANS for approval of the above described project; and
WHEREAS, the Planning Commission by its Resolution No. 2231 has
recommended approval of said change of zone and development agreement; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,
Resolution No. 02-60," in that the Director of Community Development has determined
that the project will not have an adverse impact on the environment and a Negative
Declaration of Environmental Impact is warranted based on the data provided as
part of the University Village Master Plan, the General Plan Update and EIR; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said City Council
did find the following facts and reasons to exist to justify approval of said request:
1. That the proposed change of zone and development agreement are
consistent with the existing General Plan.
2. That the proposed change of zone and development agreement are
consistent with all proposed alternatives considered in the General Plan
Update.
3. The Planning Commission has recommended approval of the change of
zone and development agreement.
ORDINANCE NO. 1059
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 C/Z 03-10, attached hereto as Exhibit "A", is hereby approved.
3. That DA 03-03, an addendum to DA 97-2, attached hereto as Exhibit "B",
is hereby approved.
4. That a Negative Declaration of Environmental Impact, attached hereto as
Exhibit "C", is hereby certified.
5. That the property contained within the expanded Wonder Palms Master
Plan Planning Area #3 shall be exempted from Ordinance 1047 (the
moratorium).
6. 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 8th day of April, 2004, by the following vote, to wit:
AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
o'k�Q
ROBERT A. SPIE L, A OR
ATTEST:
�S
HELLE D. KLASSCP4, CITY CLERK
City of Pa!m Desert, California
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Case No. C/Z 03-10
CHANGE OF ZONE
EXHUBIT A
PR-5
01 BERGER RD
PR-5
Proposed
Zoning Change
P.R.-5
TO
P.C.D.
C!" COUNCIL
ORDINANCE NO. 1059
Date: —April 8. 2004
[This page has intentionally been left blank.]
ORDINANCE NO. 1059
EXHIBIT "B"
ADDENDUM TO
DEVELOPMENT AGREEMENT DA-97-2
(WONDER PALMS)
This Addendum ("Addendum") to Development Agreement DA-97-2 ("Development
Agreement") is made and entered into this 8th day of April - , 2004, by and
between the City of Palm Desert, California, a municipal corporation organized and existing
under the laws of the State of California (the "City"), and
* See Below _, ("Developer"), with reference to the following facts,
understandings and intentions of the parties:
* Palm Desert University Village, LLC, Palm Desert Hospitality, LLC, and
Shaw --Palm Desert 1, LLC
RECITALS
A. On April 24, 1997, the City adopted Ordinance 838 approving Development
Agreement DA-97-2 (the "Development Agreement"), attached hereto as Exhibit "A", for a
development commonly known as "Wonder Palms". The Development Agreement was
recorded in the records of Riverside County, California, as instrument No. 179687 on May 22,
1997 and remains in full force and effect.
B. The Development Agreement provides certain assurances that the property
("Property") subject to the Developer. nt Agreement as described in Exhibit `B" of the
Development Agreement will be permitted to develop according to the Development Plan and
Existing Land Use Ordinances, as defined by the Development Agreement, for the tern of t'iat
Agreement.
C. The Development Plan provides for six enumerated Planning Areas and specific
development parameters for each Planning Area.
D. On 8th day of April , 2004, the City approved Precise
Plan 03-11 ("Precise Plan") attached hereto as Exhibit "C" which provides for a mixed use
commercial development which lies partially within Planning Area 3 of the Development Plan,
and partially on property that is not currently subject to the Development Agreement.
Specifically Precise Plan 03-11 provides 1br 122,000 square feet of gross leaseable office
space,110,880 square feet of gross leaseable retail including one drive-thru restaurant adjacent
to Gerald Ford Drive and a three story hotel ,42 feet in height, with up to 130 rooms.
E. Developer owns all the property subject to the Precise Plan, as more particularly
described in Exhibit "B" hereto ("Precise Plan Property").
F. City and Developer desire to supercede the Development Agreement, with respect
to the Precise Plan Property only, to expand Planning Area 3 to include all of the Precise Plan
RMPUB\R W H\2253 73
ORDINANCE NO. 1059
Property including that portion that is not currently subject to the Development Agreement, to
substitute the Precise Plan for the development standards for Planning Area 3, and to continue in
effect the assurances that the Precise Plan Property will be permitted to develop according to the
Precise Plan and Existing Land Use Ordinances pursuant to the terms of the Development
Agreement.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement
legislation, as defined in the Development Agreement, and in consideration of the mutual
covenants and promises of the parties therein contained, the parties agree that Development
Agreement DA-97-02 is hereby superceded, with respect to the Precise Plan Property only, as
follows:
SECTION 1. The property subject to this Addendum shall be the Precise Plan Property only.
SECTION 2. The Precise Plan shall be the "Development Plan", as defined and described in the
Development Agreement, for the Precise Plan Property. Development within the
Precise Plan Property shall be in accordance with the Precise Plan and, except as
otherwise provided in the Precise Plan, in accordance with Existing Land Use
Ordinances of the City as defined in the Development Agreement.
SECTION 3. Section 5 of the Development Agreement (regarding Mid -Valley Storm Channel
Dedication) is deleted.
SECTION 4. Section 6 of the Development Agreement (regarding Art in Public Places) is
deleted.
SECTION 5. The owner shall be allowed ab a minor amendment, without further public
hearing, an increase in the size of approved buildings of not more than 10%
provided said expansion complies with all other code provisions.
SECTION 6. Transfers and Assignments; Effect of Agreement on Title.
6.1 Rights and Interests Appurtenant . The rights and interests conveyed as
provided herein to Developer benefit and are appurtenant to the Property. Developer has the
right to sell, assign and transfer any and all of its rights and interests hereunder and to delegate
and assign any and all of its duties and obligations hereunder. Such rights and interests
hereunder may not be sold, transferred or assigned and such duties and obligations may not be
delegated or assigned except in compliance with the following conditions:
RMPUB\RW H\225373
ORDINANCE NO. 1059
(i) Said rights and interests may be sold, transferred or assigned only
together with and as an incident of the sale, lease, transfer or assignment of the portions of the
Property to which they relate, including any transfer or assignment pursuant to any foreclosure of
a Mortgage or a deed in lieu of such foreclosure. Following any such sale, transfer or
assignment of any of the rights and interests of Developer under this Agreement, the exercise,
use and enjoyment thereof shall continue to be subject to the terms of this Agreement to the same
extent as if the purchaser, transferee or assignee were Developer hereunder.
6.2 Covenants Run with Land.
(i) All of the provisions, agreements, rights, powers, standards, terms,
covenants and obligations contained in this Agreement shall be binding upon the parties and their
respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees,
lessees, and all other persons acquiring any rights or interests in the Property, or any portion
thereof, whether by operation of laws or in any manner whatsoever, and shall inure to the benefit
of the parties and their respective heirs, successors (by merger, consolidation oi• otherwise) and
assigns;
(ii) All of the provisions of this Agreement shall be enforceable as
equitable servitudes and constitute covenants running with the land pursuant to applicable law;
(iii) Each covenant to do or refrain from doing some act on the Property
hereunder (A) is for the benefit of and is a burden upon every portion of the Property, (B) runs
with such lands, and (C) is binding upon each party and each successive owner during its
ownership of the Property or any portions thereof, and shall benefit each party and its lands
hereunder, and each such other person or entity succeeding to an interest in such lands.
SECTION 7. Notices. Any notice to either party shall be in writing and given by delivering the
same to such party in person or by sending the same by registered or certified
mail, return receipt requested, with postage prepaid, to the following addresses:
RMPUB\RW Fn22S373
ORDINANCE NO. 1059
If to City:
City Clerk of the City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
If to Developer:
Either party may change its mailing address at any time by giving written notice of such change
to the other party in the manner provided herein. All notices under this Agreement shall be
deemed given, received, made or communicated on the date personal delivery is effected or, if
mailed, on the delivery date or attempted delivery date shown on the return receipt.
SECTION 8. Except to the extent of any inconsistency with this Addendum, all provisions of
the Development Agreement are incorporated herein by this reference and shall
remain in full force and effect.
RMPUBIRW H\225373
[SIGNATURES APPEAR ON FOLLOWING PAGE]
4
ORDINANCE NO. 1059
IN WITNESS WHEREOF, the parties have executed this Addendum as of the date and year
first -above written.
"DEVELOPER" "CITY"
City of Palm Desert, California, a Municipal
Corporation organized and existing under
the laws of the —State of California
Palm Ds t IIn versity Village, LLC
By:
Palm Desert Hospitality, LLC
By: `
Shaw -Pala Desert 1, LLC
By: rw (Te45—nill
Rn4PUB\RSV H\2 ] 5373
By
ATTEST:
Rachelle Klassen, Cl k
City of Palm Desert
, Mayor
5
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ORDINANCE NO. 1059
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of 0i? &kV,, C
On C(vA-h,.'ter,DOCL,, before me, 3111 ti- MCLyqu.�_z . c61�vtt Pi,f)L,(I
Date Name and Uie of Officer (e.g., 'Jana Ooe. Notary Public")
personally appeared �2i0k `Gva.nt) Qi-I tLOt
Name(s) of Signer(s)
Q'personally known to me
❑ proved to me on the basis of satisfactory
evidence
AL 4
JOGexnrtiMol N 1bQ0n1
NMW KI Mc - CONOV00
Congo Cow*
MrComl+.lApMrsNor 1!.
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that hefaHe/they executed
the same in k+ie hwltheir authorized
capacity(ies), and that by kris/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of No Public .
CJ
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Number of Pages:
CJ Individual
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
(0 1997 National Notary Association - 9350 De Soto Ave.. P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No 5907 Reorderi Call Toll -Free 1-800-876-6827
[This page has intentionally been left blank.]
ORDINANCE NO. 1059
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Louisiana
State of 094bYWac
Pgi sh ss.
a of Ouachita
On 9-11-06 beforeme, K. Tod Cagle, Notary Public
Date Name and Title of Officer (e.g., 'Jane Doe, Notary Public")
personally appeared Dewey F. Weaver, Jr.
Name(s) of Signer(s)
® personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand Qwfficiai sseaai.
Place Notary Seat Above Signature of Notary Pudic ���
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ limited ❑ General
CI Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
C) 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder Call Toll -Free 1-BW-M-6827
[This page has intentionally been left blank.]
RECORDING 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
-NOFEE -
6103 OF THE GOVT. CODE
ORDINANCE NO. 838
----------------------------------------------------------------
(Space above for Recorder's use Only)
EXHIBIT "A"
DEVELOPMENT AGREEMENT
Between
THE CITYOF PALM DESERT, CALIFORNIA
and
DAVID FREEDMAN & CO., INC.
(Wonder Palms)
Dated: April 24 , 1997
ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
TABLE OF CONTENTS
PAGE
1. Definitions. . . . . . . . . . . . . . . . . . . . . .
. 4
1.1
Defined Terms . . . . . . . . . . . . . . . . . .
. 4
1.3
Building Ordinances
4
1.4
City Council
4
1.5
Effective Date . . . . . . . . . . . . . . . . .
. 4
1.6
Enacting Ordinance
4
1.7
Existing Land Use Ordinances . . . . . . . . . .
. 4
1.8
Land Use Ordinances
4
1.9
Mortgage
5
1.10
Proi ect
5
1.11
Property . . . . . . . . . . . . . . . . . . . .
. 5
2. Term;
Amendment
5
2.1
Term
5
2.2
Amendment . . . . . . . . . . . . . . . . . . . .
. 5
3. General Development of the Project
6
3.1
Project
6
3.2
Project Timing; Construction Entitlement
7
3.3
Building Permits and Other Approvals and Permits
8
3.4
Procedures and Limitations
8
3.5
Effect of Agreement
9
3.6
Operating Memoranda
to
4. Specific Criteria Applicable to Development of the
Project . . . . . . . . . . . . . . . . . . . . . . . 11
4.1 Applicable Ordinances . . . . . . . . . . . . . . . 11
4.2 Amendment to Applicable Ordinances . . . . . . . . 12
4.3 Easements; Abandonments . . . . . . . . . . . . . . 12
S. Mid -Valley Storm Channel Dedication. 13
5.1 Dedication 13
5.2 Appraisal Procedures 14
5.3 Fees and Expenses 15
5.4 Experience Reauirement . . . . . . . . . . . . . . 16
6. Art In Public Places 16
7. Periodic Review of Compliance 17
8. Permitted Delays; Supersedure by Subsequent Laws 17
8.1 Permitted Delays 17
8.2 Supersedure of Subsequent Laws or Judicial Action 18
9. Events of.Default; Remedies; Termination 19
9.1 Events of Default 19
9.2 Remedies . . . . . 20
9.3 Waiver; Remedies Cumulative 20
9.4 Effect of Termination 20
9.5 Third Party Actions 21
DE096717 4/16/97 - 1 -
ORDINANCE NO. 838
DEVELOPMENT AGREE9M
10. Encumbrances on Property . . . . . . . . . . . . . . . . 22
10.1 Discretion to Encumber . . . . . . . . . . . . . . 22
10.2 Mortgage Protection . . . . . . . . . . . . . . . 22
10.3 Mortgagee Not Obligated . . . . . . . . . . . . . 23
10.4 Estoppel Certificates . . . . . . . . . . . . . . . 23
11. Transfers and Assignments; Effect of Agreement on
Title . . . . . . . . . . 24
11.1 Rights and Interests Appurtenant . . . . . . . . . 24
11.2 Covenants Run with Land . . . . . . . . . . . . . . 24
12. Notices . . . . . . . . . . . . . . . . . . . . . . . 25
13. Indemnification . . . . . . . . . . . . . . . . . . .
. 26
13.1 Developer's Obligation . . . . . . . . . . . . . .
. 26
13.2 City's obligation . . . . . . . . . . . . .
. 26
13.3 Environmental Assurances . . . . . . . . . . . .
. 27
14. Miscellaneous. . . . . . . . . . . . .
. 27
14.1 Relationship of Parties . . . . . . . . . . . . .
. 27
14.2 Consents . . . . . . . . . . . . . . . . . .
. 28
14.3 Not a Public Dedication . . . . . . . . . . . . .
. 28
14.4 Severability . . . . . . . . . • . • • . • • . .
. 28
14.5 Exhibits . . . . . . . . . . . . . . . . . . . .
. 29
14.6 Entire Agreement . . . . . . . . . . . . . . .
. 29
14.7 Governing Law- Construction of Agreement . . . .
. 29
14.8 Signature Pages . . . . . . . . . . . . . . . . .
. 30
14.9 Time . . . . . . . . . . .
. 30
14.10 Prevailing Party's Attorney's Fees and Costs
30
DE096717 4116/97 - i i -
ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
(Wonder Palms)
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and ---
entered into as of this 24th day of April , 1997, by and
between the City of Palm Desert, California, a municipal
corporation organized and existing under the laws of the State of
California (the "City), and David Freedman & Co., Inc., a
California corporation ("Developer"), with reference to the
following facts, understandings and intentions of the parties:
RECITALS
A. These Recitals refer to and utilize certain capitalized
terms which are defined in this Agreement. The parties intend to
refer to those definitions in conjunction with the use thereof in
these Recitals.
S. Government Code Sections 65684 through 65869.5 inclusive
(the "Development Agreement Legislation") authorize the City to
enter into development agreements in connection with the
development of real property within its jurisdiction. On August
11, 1983, the City enacted by Ordinance No. 341, as amended on
December 7, 1989 by Ordinance No. 589 (collectively, the
"Development Agreement Ordinance"), procedures and requirements for
the consideration of development agreements thereunder pursuant to
the Development Agreement Legislation.
C. Developer is the owner of a legal or equitable interest
in the Property and is entitled to have filed the application for
and to enter into this Agreement. The Project consists of the
future development of the Property. The Property is located at an
DED96717 4/16/97
ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
important entry point to the City and the coordinated development
of the Project pursuant to this Agreement represents an important
and mutually beneficial economic development and land usage
planning opportunity for the City and Developer.
D. The City has determined that the development of the
Project as contemplated by this Agreement is consistent with and in
furtherance of the development goals, policies, general land uses
and development programs of the City as set forth in the City's
General Plan and is consistent with the existing Planned Community
Development (PCD) Overlay Zone adopted on April 24, 1997 by
Ordinance No. 837, affecting the Property.
E. City has further determined that entry into this
Agreement will further the goals and objectives of the City's land
use planning policies by, among other things,. encouraging
investment, providing precise and supplemental criteria for the
uses, design, circulation and development of the Property,
including flexibility in land use options which may be altered in
order to respond to future changes in the surrounding areas,
eliminating uncertainty in planning for, and securing orderly
processing and development of, the Project. The benefits conferred
on the City by Developer herein will (i) insure consistent,
comprehensive planning which will result in aesthetically pleasing,
environmentally harmonious, and economically viable development
within the City; (ii) provide for the creation of a high -quality,
aesthetically pleasing entry statement for the City; (iii) provide
for the construction of stormwater system improvements vital to the
City; and (iv) further the development objectives of the City in an
DE096717 4/16/97 - 2 -
ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
orderly manner, all of which will significantly promote the health,
safety and welfare of the residents of the City. In exchange for
these benefits to the City, Developer desires to receive the --
assurance that it may proceed with the Project in accordance with
the Development Plan attached to this Agreement as Exhibit "A", and
at a rate of development of its choosing, subject to the terms and
conditions contained in this Agreement.
F. By adopting this Agreement, the City Council has elected
to exercise certain governmental powers at the present time rather
than deferring such actions until an undetermined future date and
has done so intending to bind the City and the City Council and
intending to limit the City's future exercise of certain
governmental powers, to the extent permitted by law.
G. This Agreement has undergone extensive review by the
City's staff, the Planning Commission and the City Council.
H. In order to effectuate the foregoing, the parties desire
to enter into this Agreement.
NOW, THEREFORE, pursuant to the authority contained in the
Development Agreement Legislation, and in consideration of the
mutual covenants and promises of the parties herein contained, the
parties agree as follows:
DE096711 4/16/97 - 3 -
ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
1. Definitions.
1.1 Defined Terms. Each reference in this Agreement to
any of the following terms shall have the meaning set forth below
for each such term.
1.2 Agreement. This Development Agreement.
1.3 Building Ordinances. Those building standards, of
general and uniform application throughout the City and not imposed
solely with respect to the Property, in effect from time to time
that govern building and construction standards within the City,
including, without limitation, the City's building, plumbing,
electrical, mechanical, grading, sign, and fire codes.
1.4 City Council. The legislative body of the City of
Palm Desert.
1.5 Effective Date. The date on which the Enacting
Ordinance becomes effective.
1.6 Enacting Ordinance. Ordinance 838, enacted by the
City Council on April 24, 1997, approving this Agreement.
1.7 Existing Land Use Ordinances. The Land Use
Ordinances in effect as of the Effective Date.
1.8 Land Use Ordinances. The ordinances, resolutions,
codes, rules, regulations and official policies of the City,
governing the development of the Property, including but not
limited to, the permitted uses of land, the density and intensity
of use of land, and the timing of development, all as applicable to
the development of the Property. Specifically, but without
limiting the generality of the foregoing, Land Use Ordinances shall
include the City's General Plan, the City's zoning ordinance and
DE096717 4/16/97 - 4
ORDINANCE NO. 838
DEMMMENT AGREE!!EN'!'
the City's subdivision code, but shall exclude the Building
Ordinances.
1.9 Mortgage. A mortgage, deed of trust, sale and
leaseback arrangement in which all or a part of the Property, or an
interest in it, is sold and leased back concurrently, or other
transactions in which all or a part of the Property, or an interest
in it, is pledged as security, contracted in good faith and for
fair value.
1.10 Proiect. The mixed -use commercial, industrial and
residential development and associated amenities, and on -site and
off -site improvements, as permitted under and described in the
Development Plan (Exhibit "A"), to be constructed on the Property,
as the same may hereafter be further refined, enhanced or modified
pursuant to the provisions of this Agreement.
1.11 Property. The real property and any improvements
thereon which is described in Exhibit "B" to this Agreement.
2. Term: Amendment.
2.1 Term. The term of this Agreement (the "Term") shall
commence on the Effective Date and shall terminate on the fifteen
(15) year anniversary date of the Effective Date, unless sooner
terminated or extended as hereinafter provided.
2.2 Amendment. The parties to this Agreement at their
sole discretion and by their mutual written consent may from time
to time amend the provisions and terms of this Agreement and the
Exhibits hereto. Any amendment to this Agreement or the Exhibits
hereto as provided herein shall be effected only upon compliance
with the procedures for amendment, if any, required by the
DE096717 4/16/97 - 5 -
ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
Development Agreement Legislation and the Development Agreement
Ordinance. The City shall, after any such amendment takes effect,
cause an appropriate notice of such amendment to be recorded in the
official records of the County of Riverside.
3. General Development of the Project.
3.1 Proiect.
(a) The Project is defined and described in the
Development Plan for Wonder Palms Commercial Center attached to
this Agreement as Exhibit "A", which specifies for the purpose of
this Agreement all of the following aspects of the Project: (i)
proposed land uses of the Property, including eight separate
planning areas ("Planning Areas") with unique development
characteristics; (ii) the maximum (and probable) density and
intensity of development of the Property; (iii) certain parking
requirements for the various Planning Areas; and (iv) sizing
requirements for the construction of certain utility facilities;
(v) certain requirements relating to access and traffic circulation
within the Property; (vi) certain requirements relating to art in
public places on the Property; (vii) certain design guidelines
relating to the construction of on -site and off -site improvements;
(viii) procedures for development within the Planning Areas.
(b) Developer shall have the vested right to
develop the Project in accordance with, and development of the
Project during the Term shall be governed by, the Development Plan
and, to the extent not inconsistent with or modified by the
Development Plan, the Existing Land Use Ordinances. Developer's
right to develop the Property in accordance with this Section 3.1
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DEMDPMM AGREEMENT
shall be without regard to future ordinances, resolutions, rules,
regulations and policies of the City or referenda of the voters of
the City, including, without limitation, those with respect to
moratoriums for utility service, other than ordinances,
resolutions, rules, regulations and policies of the City which
limit or condition the rate, timing or sequencing of development of
the Property and which are required solely as a result of then
existing shortages of utility service capacity or facilities.
3.2 Project Timing; Construction Entitlement. The
parties acknowledge that Developer cannot at this time predict when
or the rate at which or the order in which parts of the Project
will be developed. Such decisions depend upon numerous factors
which are not within the control of Developer, such as market
orientation and demand, interest rates, competition and. other
similar factors. Therefore, the parties hereto acknowledge and —
expressly agree that Developer is hereby granted by the City the
vested and guaranteed right to develop the Project in such manner
and at such rate and at such times as Developer deems appropriate
within the exercise of its sole subjective business judgment.
Therefore, City expressly agrees that Developer shall be entitled
to apply for precise plans, subdivision maps, building permits,
occupancy certificates and other land use and development
entitlements for its use at any time provided that such application
is made in accordance with the Development Plan and this Agreement.
Notwithstanding any provisions to the contrary in this
Agreement or the Existing Land Use Ordinances, Developer shall have
the right, but not the obligation, to obtain from the City, all _
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DEVELOPMENT AGREEMENT
necessary approvals, consents, permits, or other entitlements for
the construction of not less than the maximum number of square feet
of gross floor area or dwelling units of any permitted use under
the Development Plan specified with respect to any designated
Planning Area set forth in the Development Plan.
3.3 Building Permits and Other Approvals and Permits.
Subject to (a) Developer's compliance with this Agreement, the
Development Plan, the Existing Land Use Ordinances and the Building
Ordinances, and (b) payment of the usual and customary fees and
charges of general application charged for the processing of such
applications, permits and certificates and for any utility
connection, or similar fees and charges of general application, the
City shall process and issue to Developer promptly upon application
therefor all necessary use permits, building permits, occupancy
certificates, and other required permits for the construction, use
and occupancy of the Project, or any portion thereof, as applied
for, including connection to all utility systems under the City's
jurisdiction and control (to the extent that such connections are
physically feasible and that such utility systems are capable of
adequately servicing the Project).
3.4 Procedures and Standards. The standards for
granting or withholding permits or approvals required hereunder in
connection with the development of the Project shall be governed as
provided herein by the standards, terms and conditions of this
Agreement and. the Development Plan, and to the extent not
inconsistent therewith, the Existing Land Use Ordinances, but the
procedures for processing applications for such permits or
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ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
approvals (including the usual and customary fees of general
application charged for such processing) shall be governed by such
ordinances and regulations as may then be applicable and which are —
consistent with the Development Plan.
3.5 Effect of Agreement. This Agreement shall
constitute a part of the Enacting Ordinance, as if incorporated by
reference therein in full. The parties acknowledge that this
Agreement is intended to grant Developer the right to develop the
Project pursuant to specified and known criteria and rules as set
forth in the Development Plan and the Existing Land Use Ordinances,
and to grant the City and the residents of the City certain
benefits which they otherwise would not receive.
This Agreement shall be binding upon the City and its
successors in accordance with and subject to its terms and
conditions notwithstanding any subsequent action of the City, —
whether taken by ordinance or resolution of the City Council, by
referenda, initiative', or otherwise. The parties acknowledge and
agree that by entering into this Agreement and relying thereupon,
the Developer has obtained, subject to the terms and conditions of
this Agreement, a vested right to proceed with its development of
the Project in accordance with the proposed uses of the Property,
the density and intensity of development of the Property and the
requirements and guidelines for the construction or provision of
on -site and off -site improvements as set forth in the Development
Plan and the. Existing Land Use Ordinances, and the timing
provisions of Section 3.2, and the City has entered into this
Agreement in order to secure the public benefits conferred upon it
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ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
hereunder which are essential to alleviate current and potential
problems in the City and to protect the public health, safety and
welfare of the City and its residents, and this Agreement is an
essential element in the achievement of those goals.
3.6 Operating Memoranda. Developer and City
acknowledge that the provisions of this Agreement require a close
degree of cooperation between Developer and City, and that
refinements and further development of the Project may demonstrate
that changes or additional provisions are appropriate with respect
to the details of performance of the parties under this Agreement
in order to effectuate the purpose of this Agreement and the intent
of the parties with respect thereto. If and when, from time to
time, the parties find that such changes or additional provisions
are necessary or appropriate, and subject to the provisions of the
next succeeding sentence, they shall effectuate such changes or
provide for such additional provisions through operating memoranda
to be approved in good faith by the parties, which, after
execution, shall be attached hereto as addenda and become a part
hereof, and may be further changed or supplemented from time to
time as necessary, with further good faith approval of Developer
and City. Upon receipt by the City of an opinion of the City
Attorney to the effect that the subject matter of such operating
memoranda does not require the amendment of this Agreement in the
manner provided in Section 65868 of the California Government Code,
then no such operating memoranda shall require prior notice or
hearing, or constitute an amendment to this Agreement; and in the
case of the City, such operating memoranda may be approved and
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ORDINANCE N0. 838
DEVELOPMENT AGREEKENT
executed by its Community Development Director or City Manager
without further action of the City Council. Failure of the parties
to enter into any such operating memoranda shall not affect or
abrogate any of the rights, duties or obligations of the parties
hereunder or the provisions of this Agreement.
4. Specific Criteria Applicable to Development of the
Proiect.
4.1 Applicable Ordinances. Except as set forth in the
Development Plan and subject to the provisions of Section 4.2
below, the Existing Land Use Ordinances shall govern the
development of the Property hereunder and the granting or
withholding of all permits or approvals required to develop the
Property; provided, however, that (a) Developer shall be subject to
all changes in processing, inspection and plan -check. fees and
charges imposed by City in connection with the processing of --
applications for development and construction upon the Property so
long as such fees and charges are of general application and are
not imposed solely with respect to the Property, and (b) Developer
shall abide by the Building Ordinances in effect at the time of
such applications.
4.2 Amendment to Applicable Ordinances. In the event
that the Palm Desert zoning ordinance is amended by the City in a
manner which provides more favorable site development standards for
the Property or any part thereof than those in effect as of the
Effective Date,. Developer shall have the right to notify the City
in writing of its desire to be subject to all or any such new
standards for the remaining term of this Agreement. If City agrees,
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DEVELOPMENT AGREEMENT
by resolution of the City Council or by action of a City official
whom the City Council may designate, such new standards shall
become applicable to the Property or portions thereof. Should City
thereafter amend such new standards, upon the effective date of
such amendment, the original new standards shall continue to apply
to the Property as provided above, but Developer may notify City in
writing of its desire to be subject to all or any such amended new
standards and City may agree in the manner above provided to apply
such amended new standards to the Property.
4.3 Easements; Abandonments. City shall cooperate with
Developer in connection with any arrangements for abandoning
existing utility or other easements and the relocation thereof or
creation of any new easements within the Property necessary or
appropriate in connection with the development of the Project; and
if any such easement is owned by City, City shall, at the request
of Developer and in the manner and to the extent permitted by law,
take such action and execute such documents as may be necessary to
abandon existing easements and relocate them, as necessary or
appropriate in connection with the development of the Project, all
at the cost and expense of the Developer. In addition, to the
extent that temporary or permanent easements on property adjacent
or in close proximity to the Property will be required in order for
Developer to develop all or portions of the Project, the City shall
cooperate with Developer in efforts to obtain or secure any such
required easements.
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ORDINANCE N0. 838
DEVELOPMENT AGREEMENT
5. Mid -Valley Storm Channel Dedication.
5.1 Dedication. In order to facilitate development of
the proposed Mid -Valley Channel, Developer shall dedicate to the
City a right-of-way easement for the Mid -Valley Channel, in a form
acceptable to the City and Developer, over a portion of the
Property consisting of approximately 11 acres near the northerly
boundary of the Property, which area is more particularly described
on Exhibit "C" to this Agreement (the "Mid -Valley Channel Area").
The easement over the Mid -Valley Channel Area shall be dedicated on
or before issuance by the City of the first building permit for any
portion of the Project. The City acknowledges that Developer,
through significant on -site retention of Project -generated storm
waters and the dedication of the right-of-way necessary for the
future construction of the proposed Mid -Valley Channel, has
facilitated the future construction of the Mid -Valley Channel in
this area. In consideration for the dedication of Mid -Valley
Channel Area as described herein, Developer shall receive a credit
against required area drainage fees equal to the fair market value
of the Mid -Valley Channel Area land. Prior to such dedication,
Developer and the City shall attempt to agree upon the fair market
value of the land to be dedicated to the City pursuant to this
Section 5.1. In the event Developer and the City cannot agree on
the fair market value of the land to be dedicated for the Mid -
Valley Channel prior to such dedication, then within fifteen (15)
days after conveyance of the right-of-way easement as described
above the then present fair market value of the land dedicated
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DEVELOPHENT AGREEKENT
shall, at the request of the Developer, be resolved by the
appraisal procedures set forth in Section 5.2 below.
5.2 Appraisal Procedures. In the event the parties
cannot reach an agreement upon land value as described above, the
Developer shall, in a written notice to the City, state that it
elects to have the fair market value of the dedicated land
determined by the appraisal procedures set forth herein, and shall
specify the name of its appraiser. Within ten days of receipt of
such notice from Developer, the City shall notify the Developer of
the name of its appraiser. Upon the appointment of the two
appraisers as herein provided, said two appraisers shall be sworn
to faithfully and fully determine the value question at issue. The
determination to be made by the appraiser shall be: "What was the
fair market value of the land dedicated to the City as of the date
of conveyance taking into account all uses and restrictions then
affecting such land." Such arbitration shall be conducted in
accordance with the rules of the American Arbitration Association
for commercial arbitration. The two appraisers shall make their
respective determinations in writing and shall give notice to all
the parties. If there is a variance of less than 100 (such 10°s
variance determined by dividing the amount of the variance by the
larger of the two appraisals) in the fair market values determined
by the two appraisers, the average of the values so determined
shall be controlling and shall be binding upon the City and the
Developer. If. there is a variance of more than 10% in the fair
market values determined by the two appraisers, said appraisers
shall forthwith and within ten days after both the said appraisers
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ORDLNANCE N0. 838
DEVELOPMEM AGREEMM
have made their determination, appoint in writing a third appraiser
and give written notice of such appointment to each of the City and
the Developer. If in the event the two appraisers shall fail to
appoint or agree upon such third appraiser within said ten day
period, a third appraiser shall be selected by the City and
Developer if they so agree upon such third appraiser within a
further period of ten days. If any appraiser shall not be
appointed or agreed upon within the time herein provided, then the
Developer or the City. may apply to the appropriate court in
Riverside County, California, for appointment of such appraiser.
Said appraiser shall be sworn faithfully and fairly to determine,
pursuant to the procedures set forth above, the value question at
issue. The third appraiser's determination of value shall be
controlling unless it is (i) higher than either of the
determinations of value of the original appraisals, in which case
such previous higher determination shall be controlling and binding
upon the City and Developer, or (ii) lower than the determinations
of value of the two original appraisals, in which case such
previous low determination of value will be controlling and binding
upon the City and Developer;
5.3 Fees and Expenses. Each party shall pay the fees
and expenses of the appraiser it appoints, and the fees and
expenses of the third appraiser and any general expenses incurred
by the appraisers in connection with the appraisals shall be borne
equally
5.4 Experience Requirement. Any appraiser appointed
hereunder shall have no less than five years experience in the
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ORDINANCE NO. 838
DEVELOPMENT AGBNT
appraisal of real property of the type to be dedicated herein and
shall hold the professional designation of M.A.I_ or its
equivalent.
6. Art In Public Places. The City and Developer recognize
that the Property is located at a major access point. into the City
from Interstate 10. The City and Developer desire to cooperate
with each other to secure the introduction and integration of
public art into the Project for the purpose of enhancing the image
of the City and the Project. In order to secure such public art
for the promotion of the City and the Project, Developer and the
City shall work together to develop one or more major public
artworks to be located on or adjacent to Cook Street and/or Gerald
Ford Drive south of Interstate 10. The City and Developer agree to
outline a process to establish a master plan for public art, which
plan shall identify sites and opportunities for art, funding
amounts and sources, procedures for art selection, and methods for
art project management in connection with the Project. In the
event that a large art statement is selected as the appropriate
installation, the City may consider advancing the funds necessary
to secure and install said art piece with the City being reimbursed
pursuant to in lieu art fees as development occurs and as further
described below. Developer shall, at the request of the City,
provide such easements upon the Property as may be reasonably
required for the installation and maintenance of such public art.
The location of such easements shall be mutually approved by the
City and Developer. In addition to providing such easements as may
be reasonably required for the installation and maintenance of such
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ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
public art, Developer shall pay to the City in lieu art fees at the
time of and in connection with the development of the Property, or
portions thereof, in accordance with the fee levels and other _
payment and procedural requirements of Chapter 4.10 of the
Municipal Code of the City lawfully imposed at the time of
development of the Property, or portions thereof.
7. Periodic Review of Compliance. In accordance with Govt.
Code Section 65865.1, the City Council shall review this Agreement
at least each calendar year during the term of this Agreement. At
such periodic reviews, Developer must demonstrate its good faith
compliance with the terms of this Agreement. Developer agrees to
furnish such evidence of good faith compliance as the City, and
after reasonable exercise of its discretion and after reasonable
notice to Developer, may require.
B. Permitted Delays: Supersedure by Subsequent Laws. —
8.1 Permitted Delays. In addition to any other
provisions of this Agreement with respect to delay, Developer and
City shall be excused from performance of their obligations
hereunder during any period of delay caused by acts of mother
nature, civil commotion, riots, strikes, picketing, or other labor
disputes, shortage of materials or supplies, or damage to or
prevention of work in process by reason of fire, floods,
earthquake, or other casualties, litigation, acts or neglect of the
other party, any referendum elections held on the Enacting
Ordinance, or .the Land Use Ordinances, or any other ordinance
effecting the Project or the approvals, permits or other
entitlements related thereto, or restrictions imposed or mandated
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DEVELOPMENT AGREEMENT
by governmental or quasi -governmental entities, enactment of
conflicting provisions of the Constitution or laws of the United
States of America or the State of California or any codes,
statutes, regulations or executive mandates promulgated thereunder
(collectively, "Laws") , orders of courts of competent jurisdiction,
or any other cause similar or dissimilar to the foregoing beyond
the reasonable control of City or Developer, as applicable. Each
party shall promptly notify the other party of any delay hereunder
as soon as possible after the same has been ascertained. The time
of performance of such obligations shall be extended by the period
of any delay hereunder.
8.2 Supersedure of Subsequent Laws or Judicial Action.
The provisions of this Agreement shall, to the extent feasible, be
modified or suspended as may be necessary to comply with any new
Law or decision issued by a court of competent jurisdiction (a
"Decision"), enacted or made after the Effective Date which
prevents or precludes compliance with one or more provisions of
this Agreement. Promptly after enactment of any such new Law, or
issuance of such Decision, the parties shall meet and confer in
good faith to determine the feasibility of any such modification or
suspension based on the effect such modification or suspension
would have on the purposes and intent of this Agreement. In
addition, Developer and City shall have the right to challenge the
new Law or the Decision preventing compliance with the terms of
this Agreement: In the event that such challenge is successful,
this Agreement shall remain unmodified and in full force and
effect, except that the Term shall be extended, in accordance with
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DEVELOPMENT AGREEMENT
Section 7.1 above, for a period of time equal to the length of time
the challenge was pursued.
9. Events of Default; Remedies; Termination.
9.1 Events of Default. Subject to any extensions of
time by mutual consent in writing, and subject to the provisions of
Section 7.1 above regarding permitted delays, the failure of either
party to perform any material term or provision of this Agreement
shall constitute an event of default hereunder ("Event of Default")
if such defaulting party does not cure such failure within ninety
(90) days following receipt of written notice of default from the
other party; provided, however, that if the nature of the default
is such that it cannot be cured within such ninety (90) day period,
the commencement of the cure within such ninety (90) day period and
the diligent prosecution to completion of the cure shall be deemed
to be a cure within such period. Any notice of default given
hereunder shall specify in detail the nature of the alleged Event
of Default and the manner, if any, in which such Event of Default
may be satisfactorily cured in accordance with the terms and
conditions of this Agreement. During the time periods herein
specified for cure of a failure of performance, the party charged
therewith shall not be considered to be in default for purposes of
termination of this Agreement, institution of legal proceedings
with respect thereto, or issuance of any permit, map, certificate
of occupancy, approval or entitlement with respect to the Project.
9.2 Remedies. Upon the occurrence of an Event of
Default, the nondefaulting party shall have such rights and
remedies against the defaulting party as it may have at law or in
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DEVEWPHEW AGREMENT
equity, including, but not limited to, the right to damages and the
right to terminate this Agreement or seek mandamus, specific
performance, injunctive or declaratory relief. Notwithstanding the
foregoing and except as otherwise provided in Section 8.4 hereof,
if either Developer or City elects to terminate this Agreement as
a result of the occurrence of an Event of Default, such proceeding
of termination shall constitute such party's exclusive and sole
remedy, and with respect to such election City and Developer hereby
waive, release and relinquish any other right or remedy otherwise
available under this Agreement or at law or equity.
9.3 Waiver: Remedies Cumulative. Failure by a party to
insist upon the strict performance of any of the provisions of this
Agreement by the other party shall not constitute waiver of such
party's right to demand strict compliance by such other party in
the future. All waivers must be in writing to be effective or
binding upon the waiving party, and no waiver shall be implied from
any omission by a party to take any action with respect to such
Event of Default. No express written waiver of any Event of
Default shall affect any other Event of Default, or cover any other
period of time specified in such express waiver.
9.4 Effect of Termination. Termination of this
Agreement by one party due to the other party's default, or as a
result of the exercise of the right of termination provided to the
Developer under Section 8.2 hereof, shall not affect any right or
duty emanating. from any approvals, permits, certificates or other
entitlements with respect to the Property or the Project which were
issued, approved or provided by the City prior to the date of
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DEVELOPMENT AGREEMENT
termination of this Agreement. If City terminates this Agreement
because of Developer's default, then City shall retain any and all
benefits, including money, land or improvements conveyed to or —
received by the City prior to the date of termination of this
Agreement, subject to any reimbursement obligations of the City.
If Developer terminates this Agreement because of City's default,
or as a result of the exercise of the right of termination provided
to the Developer under Section 8.2 hereof, then Developer shall be
entitled to all of the benefits arising out of, or approvals,
permits, certificates or other entitlements on account of, any
Exactions paid, given or dedicated to, or received by, City prior
to the date of termination of this Agreement. Except as otherwise
provided in this Section 8.4, all of the rights, duties and
obligations of the parties hereunder shall otherwise cease as of
the date of the termination of this Agreement. —
If this Agreement is terminated pursuant to any provision
hereof, then the City shall, after such action takes effect, cause
an appropriate notice of such action to be recorded in the official
records of the County of Riverside. The cost of such recordation
shall be borne by the party causing such action.
9.5 Third Party Actions. Any court action or proceeding
brought by any third party to challenge this Agreement or any
permit or approval required from City or any other governmental
entity for development or construction of all or any portion of the
Project, whether or not Developer is a party defendant to or real
party defendant in interest in such action or proceeding, shall
constitute a permitted delay under Section 7.1.
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DEVELOPMENT AGREEKENT
10. Encumbrances on Property.
10.1 Discretion to Encumber. The parties hereto agree
that this Agreement shall not prevent or limit Developer, in any
manner, at Developer's sole discretion, from encumbering the
Property or any portion thereof or any improvements thereon with
any mortgage, deed of trust or other security device ("Mortgage")
securing financing with respect to the Property_ The City
acknowledges that the lenders providing such financing may require
certain modifications to this Agreement, and the City agrees upon
request, from time -to -time, to meet with Developer and/or
representatives of such lenders to negotiate in good faith any such
request for modification. City further agrees that it will not
unreasonably withhold its consent to any such requested
modification.
10.2 Mortgage Protection. This Agreement shall be
superior and senior to the lien of any Mortgage. Notwithstanding
the foregoing, no breach of this Agreement shall defeat, render
invalid, diminish or impair the lien of any Mortgage made in good
faith and for value, and any acquisition or acceptance of title or
any right or interest in or with respect to the Site or any portion
thereof by a Mortgagee (whether pursuant to a Mortgage,
foreclosure, trustee's sale, deed in lieu of foreclosure or
otherwise) shall be subject to all of the terms and conditions of
this Agreement.
10.3. MortcfacFee Not Obligated. Notwithstanding the
provisions of Section 9.2, no Mortgagee will have any obligation or
duty under this Agreement to perform the obligations of Developer
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ORDINANCE NO. 838 - DEVELOPMUff AGREEKENT
or other affirmative covenants of Developer hereunder, or to
guarantee such performance, except that to the extent that any
covenant to be performed by Developer is a condition to the
performance of a covenant by City, the performance thereof shall
continue to be a condition precedent to City's performance
hereunder.
10.4 Estoppel Certificates. Either party may, at any
time, and from time to time, deliver written notice to the other
party requesting such party to certify in writing that, to the
knowledge of the certifying party, (i) this Agreement is in full
force and effect and a binding obligation of the parties, (ii) this
Agreement has not been amended or modified, or if so amended or
modified, identifying such amendments or modifications, and (iii)
the requesting party is not in default in the performance of its
obligations under this Agreement, or if in default, describing
therein the nature and amount of any such defaults. A party
receiving a request hereunder shall execute and return such
certificate within thirty (30) days following the receipt thereof.
City acknowledges that a certificate hereunder may be relied upon
by transferees, assignees and lessees of the Developer and the
holders of any Mortgage.
11. Transfers and Assignments; Effect of Agreement on Title.
11.1 Rights and Interests Appurtenant. The rights and
interests conveyed as provided herein to Developer benefit and are
appurtenant to. the Property. Developer has the right to sell,
assign and transfer any and all of its rights and interests
hereunder and to delegate and assign any and all of its duties and
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DEVELOFHEW AGREEMM
obligations hereunder. Such rights and interests hereunder may not
be sold, transferred or assigned and such duties and obligations
may not be delegated or assigned except in compliance with the
following conditions:
(i) Said rights and interests may be sold,
transferred or assigned only together with and as an incident of
the sale, lease, transfer or assignment of the portions of the
Property to which they relate, including any transfer or assignment
pursuant to any foreclosure of a Mortgage or a deed in lieu of such
foreclosure. Following any such sale, transfer or assignment of
any of the rights and interests of Developer under this Agreement,
the exercise, use and enjoyment thereof shall continue to be
subject to the terms of this Agreement to the same extent as if the
purchaser, transferee or assignee were Developer hereunder.
11.2 Covenants Run with Land.
(i) All of the provisions, agreements, rights,
powers, standards, terms, covenants and obligations contained in
this Agreement shall be binding upon the parties and their
respective heirs, successors (by merger, consolidation, or
otherwise) and assigns, devisees, lessees, and all other persons
acquiring any rights or interests in the Property, or any portion
thereof, whether by operation of laws or in any manner whatsoever,
and shall inure to the benefit of the parties and their respective
heirs, successors (by merger, consolidation or otherwise) and
assigns;
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DEM.OPMM AGREEPMT
(ii) All of the provisions of this Agreement shall
be enforceable as equitable servitudes and constitute covenants
running with the land pursuant to applicable law;
(iii) Each covenant to do or refrain from doing some
act on the Property hereunder (A) is for the benefit of and is a
burden upon every portion of the Property, (B) runs with such
lands, and (C) is binding upon each party and each successive owner
during its ownership of the Property or any portions thereof, and
shall benefit each party and its lands hereunder, and each such
other person or entity succeeding to an interest in such lands.
12. Notices. Any notice to either party shall be in writing
and given by delivering the same to such party in person or by
sending the same by registered or certified mail, return receipt
requested, with postage prepaid, to the following addresses:
If to City:
City Clerk of the City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
If to Developer:
David Freedman & Co., Inc.
1345 North Palm Canyon Drive
Palm Springs, CA 92262
Attention: Lionel Steinberg
Either party may change its mailing address at any time by giving
written notice of such change to the other party in the manner
provided herein. All notices under this Agreement shall be deemed
given, received, made or communicated on the date personal delivery
is effected or, if mailed, on the delivery date or attempted
delivery date shown on the return receipt.
DE0915717 4/16197 - 2 5 -
ORDINANCE NO. 838
DEVEIAPHM AGREEt4NP
13. Indemnification.
13.1 Developer's Obligation. Developer will defend,
indemnify and hold the City and its elected officials, officers and
employee 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 obligation
which arises from the development of the Property including,
without limitation, obligations for the payment of money for
material and labor; (ii) any failure on the part of Developer to
take any action which he is required to take as provided in this
Agreement; (iii) any action taken by Developer which he prohibited
from taking as provided in this Agreement and (iv) any claim which
results from any willful or negligent act or omission of Developer..
13.2 Citv's Obligation. The City will defend,
indemnify and hold Developer and its trustees, beneficiaries,
shareholders, directors, officers and employees 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 an worker's compensation claims)
which results from (i) any failure on the part of the City to take
any action which it is required to take as provided in this
Agreement, (ii) any action taken by the City which it is prohibited
from taking as provided in this Agreement and (iii) any claim which
results from any willful or negligent act or omission of the City.
13.3 Environmental Assurances. Developer shall indemnify
and hold the City, its officers, agents and employees free and
DED96717 4/16/97 - 2 6 -
ORDINANCE NO. 838
DEVELOFH NT AGREEMM
harmless from any liability deriving from the City's execution or
performance of this Agreement, based or asserted, upon any act or
omission of Developer, its officers, agents, employees,
contractors, subcontractors and independent contractors for any
violation of any federal, state or local law, ordinance or
regulation relating to hazardous or toxic materials, industrial
hygiene, or environmental conditions created by Developer or its
officers, agents or employees, contractors, subcontractors and
independent contractors after the Effective Date on, under which
the Property, including, but not limited to soil and groundwater
conditions, and -Developer shall defend, at its expense, including
attorneys fees, the City its officers, agents and employees in any
action based or asserted upon any such alleged act or omission.
The City may in its discretion participate in the defense of any
such action. The provisions of this Section 13.3 shall survive the
termination or expiration of this Agreement.
14. Miscellaneous.
14.1 Relationship of Parties. It is understood that the
Project is a private development, that neither party is acting as
the agent of the other in any respect hereunder, and that each
party is an independent contractor. It is further understood that
none of the terms or provisions of this Agreement are intended to
or shall be deemed to create a partnership, joint venture or joint
enterprise between the parties hereto.
14.2.Consents. Unless otherwise herein provided,
whenever approval, consent, acceptance or satisfaction
(collectively, a "consent") is required of a party pursuant to this
DE096,717 4/16197 - 2 7 -
ORDINANCE NO. 838
DEVELOPHM AGREEHM
Agreement, it shall not be unreasonably withheld or delayed.
Unless provision is otherwise specified in this Agreement or
otherwise required by law for a specific time period, consent shall
be deemed given within thirty (30) days after receipt of the
written request for consent, and if a party shall neither approve
nor disapprove within such thirty (30) day period, or other time
period as may be specified in this Agreement or otherwise required
by law for consent, that party shall then be deemed to have given
its consent. If a party shall disapprove, the reasons therefor
shall be stated in reasonable detail in writing. This Section does
not apply to development approvals by the City.
14.3 Not a Public Dedication. Except as otherwise
expressly provided herein, nothing herein contained shall be deemed
to be a gift or dedication of the Property, or of the Project or
any portion thereof, to the general public, for the general public,
or for any public use or purpose whatsoever, it being the intention
and understanding of the parties that this Agreement be strictly
limited to and for the purposes herein expressed for the
development of the Project as private property.
14.4 Severability. If any term, provision covenant or
condition of this Agreement shall be determined invalid, void or
unenforceable by judgment or court order, the remainder of this
Agreement shall remain in full force and effect, unless enforcement
of this Agreement as so invalidated would be unreasonable or
grossly inequitable under all the relevant circumstances or would
frustrate the purposes of this Agreement.
DE096717 4/16/97 - 2 8 -
ORDINANCE NO. 838
DEVELOPMENT AGREEKEn
14.5 Exhibits. The Exhibits listed in the Table of
Contents, to which reference is made herein, are deemed
incorporated into this Agreement in their entirety by reference
thereto.
14.6 Entire Agreement. This written Agreement and the
Exhibits hereto contain all the representations and the entire
agreement between the parties with respect to the subject matter
hereof. Except as otherwise specified in this Agreement and the
Exhibits hereto, any prior correspondence, memoranda, agreements,
warranties or representations are superseded in total by this
Agreement and Exhibits hereto.
14.7 Governing Law; Construction of Agreement. This
Agreement, and the rights and obligations of the parties, shall be
governed by and interpreted in accordance with the laws of the
State of California. The provisions of this Agreement and the
Exhibits hereto shall be construed as a whole according to their
common meaning and not strictly for or against any party and
consistent with the provisions hereof, in order to achieve the
objectives and purposes of the parties hereunder. The captions
preceding the text of each Section, subsection and the Table of
Contents hereof are included only for convenience of reference and
shall be disregarded in the construction and interpretation of this
Agreement. Wherever required by the context, the singular shall
include the plural and vice versa, and the masculine gender shall
include the feminine or neuter genders, or vice versa.
14.8 Signature Pages. For convenience, the signatures of
the parties of this Agreement may be executed and acknowledged on
DED96717 4/16/97 - 2 9 -
ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
separate pages which, when attached to this Agreement, shall
constitute this as one complete Agreement.
14.9 Time. Time is of the essence of this Agreement and
of each and every term and condition hereof.
14.10 Prevailing Party's Attorney's Fees and Costs. If
any party to this Agreement shall fail to perform any of its
obligations hereunder, or if a dispute arises with respect to the
meaning or interpretation of any provision hereof or the
performance of the obligations of any party hereto, the defaulting
party or the party not prevailing in such dispute, as the case may
be, shall promptly pay any and all costs and expenses (including
without limitation, all court costs and reasonable attorneys' fees
and expenses) incurred by the other party with respect to such to
such dispute or in enforcing or establishing its rights hereunder.
Notwithstanding the foregoing, City shall not be required to pay
any costs or expenses (including without limitation, reasonable
attorneys' fees and expenses) which Developer may incur in respect
of any hearing held pursuant to Section 7 hereof.
DE096717 4/16/97 - 3 0 -
ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the date and year first above -written.
DEVELOPER:
DAVID FREEDMAN & CO., INC.
By:
resident
L
CITY:
CITY OF PALM DESERT, CALIFORNIA, a
municipal corporation organized and
existing under the laws of the State
of California A
By:
RicAa,Kd/ S . Kelley, fl%yor
c
Attest:
a Gilligan, Ci,t/y Clerk
DE096717 4/16/97 - 3 1 -
ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
STATE OF CALIFORNIA )
ss
COUNTY OF Z4d-L)
On , 1997, before me, ,CLZj! aZ o-W (7.-) 1j!2s,0q"Av a
Notary Public in and for said State, personally appeared
zz-� we-'o ---3 r-a „v6eA& , personally known to me (or
proved to me on the b4sis of satisfactory evidence) to be the
person4a-Y whose name (�' is/aza-subscribed to the within instrument
and acknowledged to me that he/sheet --- executed the same in
his/ authorized capacity (ica� , and that by his/her'the-i --
signature (.a) on the instrument, the personGa) , or the entity upon
behalf of which the person(.a' acted, executed the instrument.
WITNESS my hand and official seal.
OOMLi 101yi
MCICWN&'roll, R MIS
DE096717 4/16/97 —32—
OBDINANCE NO. 838
DEVEWPMENT AGUEK ;NT
EXHIBIT A
DEVELOPMENT PLAN
(to be attached prior to recording)
DE096717 4/16/97 - i i i -
ORDINANCE NO. 838
DEVELOPMEMT AGREEMENT - EXHIBIT "A"
DEVELOPMENT PLAN
w-
WONDER PALMS COMMERCIAL
CENTER
PALM DESERT, CALIFORNIA
PREPARED FOR
DAVID FREEDMAN CO., INC.
by
Mainiero, Smith and Associates, Inc.
Palm Springs, California
Revised Mar-ch.1997
ORDINANCE NO. 838
EXHIBIT "A"
DEVELOPMENT PLAN - WONDER PALMS COMMERCIAL CENTER
PURPOSE OF DEVELOPMENT PLAN
The purpose of adopting a Development Plan for the subject project is as follows:
To provide the City and the Developer(s) of the Project Area with a process and
standards consistent with the City's General Plan and act to implement the City's
goals and objectives.
To provide precise and supplemental criteria for the uses, design, circulation, and
development of the overall property which has been broken down into a series of
Planning Areas which may take on individual characteristics resulting in an
aesthetically consistent, environmentally harmonious, and economically viable
addition to the community.
► To provide for flexibility in land use options which may be altered in order to respond
to future changes in the vicinity including but not limited to the development of a
major university on adjacent property, and the changing character of traffic patterns
due to improved access to Interstate 10 and to land north of Palm Desert.
► To insure that development occurs in an orderly fashion through long-range
planning.
► To facilitate processing applications for industrial, commercial and residential
development that is consistent with the guidelines set forth in this development plan
establishing an overall land use plan, a statement of intent, processing requirements
and threshold environmental analysis and mitigation measures.
► To provide for the development of the overall project area in a manner which is
consistent with the terms and provisions of this Development Agreement, the
Development Plan and the City's Land Use Ordinances.
PROJECT INTRODUCTION
Overview
The Wonder Palms Commercial Center (Project) affords the opportunity to establish a high
quality entry overall statement for an important portal to the City at the same time creating
a major economic development which can be planned to complement existing commercial,
industrial, and residential development elsewhere in the City and the surrounding area.
Master planning this area will ensure the flexibility which will be necessary as the
ORDINANCE NO. 838
surrounding area develops. The site is poised to provide one of the City's major points of
access from Interstate 10, and the City and the Developer recognize the opportunity that
the site has to introduce people to the City of Palm Desert as well as respond to a major
economic potential for regional destination and traveler oriented commerce.
The development of the Project in a manner consistent with the provisions of this
Agreement including the development guidelines provides a number of benefits to both the
City and the Owner:
1. It maximizes the potential for high quality commercial, industrial, and
residential development with high visibility from Interstate 10.
2. It maximizes the flexibility necessary to adapt the property to future
conditions which are anticipated to affect the area; particularly the future
university campus and the increased accessibility to the area north of
Interstate 10.
3. It provides a comprehensive planning framework which establishes
guidelines for future land use applications for the property and eliminates the
inconsistency associated with individual and unassociated development
proposals.
4. It facilitates the construction of stomnwater system improvements consistent
with the master plans adopted by the City in conjunction with the Coachella
Valley Water District.
5. It controls sensitive land uses associated with sites having excellent freeway
access.
6. It provides for the completion of the street network adjacent to the site
including Cook Street, Gerald Ford Drive and Portola Avenue.
7. It provides for the planning and execution of a major entry statement
potentially involving the Art in Public Places program.
Planning Areas/Statistical Summary
The 270 acre site has been divided into eight Planning Areas which are anticipated to take
on unique development characteristics. This is delineated in Figure 1.
Planning Area 1 - 21.3 gross acres east of Cook Street between Gerald Ford Drive and
the Southern Pacific RaiV1-10 corridor. Land use emphasis - Freeway Oriented
Business.
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ORDINANCE NO. 838
Planning Area 2 - 50.7 gross acres west of Cook Street between Gerald Ford Drive and u
the Southern Pacific Rail/1-10 corridor. Land use emphasis - Regional Commercial.. c
Dn�_ S�L vsc-� per' Ct
Planning Area 3 -11.2 gross acres west of Cook Street and south of Gerald Ford Drive.'`
Land use emphasis - Freeway Oriented Business. b��
Planning Area 4 - 30.2 acres east of Cook Street between Gerald Ford Drive and the
Southern Pack Railll-10 corridor. Land use emphasis - Industrial/Business Park.
Planning Area 5 - 25.9 acres west of Cook Street and south of Gerald Ford Drive. Land
use emphasis Mixed -use Commercial/Residential.
Planning Area 6 - 70.6 acres west of Cook Street and between Gerald Ford Drive and the
Southern Pacific Rail/1-10 corridor. Land use emphasis - Industrial/Business Park.
Planning Area 7 - 44.3 acres north of Gerald Ford Drive and east of Portola Avenue.
Land use emphasis - Office/business park
Planning Area 8 - 14.9 acres south of Gerald Ford Drive and east of Portola Avenue.
Land use emphasis - Medium density residential.
GENERAL PROVISIONS
Intent
This Section is intended to: (1) provide certain definitions for use with respect to this
Exhibit "A"; (2) to describe the relationship of this Exhibit "A" to the existing Land Use and
Building Ordinances of the City of Palm Desert; and (3) to provide other miscellaneous
provisions necessary to effectuate the purposes and intent of the Agreement.
General Provisions
1. Terms contained in this Exhibit "A" shall have the same meaning as defined
in the Development Agreement unless otherwise defined herein.
2. Except as otherwise provided in this Exhibit "A" and in the Agreement, the
development of the Project shall be in accordance with, and the development
of the Project during the Term shall be governed by, the existing Land Use
Ordinances of the City.
3. Except as otherwise provided in this Exhibit "A" and in the Agreement, all
construction of improvements upon the property shall conform to the building
and construction standards established by the City's Building Ordinances.
4
ORDINANCE NO. 838
4. Whenever the provisions of this Exhibit "A" conflict with the provisions of the
existing Land Use Ordinances or the Building Ordinances the provisions of
this Exhibit "A" shall be deemed to control to the extent necessary to _
effectuate the purposes and intent of the Development Agreement.
5. The maximum aggregate allowable building density without additional review
of the entitlements is 4,465,000 square feet of commercial and industrial
buildings and 470 residential units as depicted in Figure 2 (Maximum
Intensity Alternate).
6. The probable development intensity expected (Trend Alternate) is shown in
Figure 3. The expected intensity is 2,145,000 square feet of commercial and
industrial buildings and 470 dwelling units.
7. The project shall be developed under a PCD (Planned Community District)
overlay to facilitate a flexible, long term approach to land use with individual
planning areas operating under the general provisions of the Palm Desert
Zoning Ordinance as follows:
a. PA 1 shall use the general provisions of the PC 2 (Planned
Commercial Center - District Commercial) and the Freeway Overlay
Zone, however, PA 1 shall allow no more than one automobile service
station including accessory convenience retail, and shall also allow
drive through restaurants subject to ARB and Planning Commission
approvals. Standards for drive -through facilities are adopted herein' , r oA
and must also comply with requirements of the Freeway Commercial V'd
Overlay Zone. � _� S Z -Z,�-rv�� �, 03
b. PA 2 shall use the general provi-ns of the PC 3 (Planned
Commercial Center - Regional Center but shall encourage mixed use
retail, office and residential uses under Conditional Use Permit. Drive
through restaurants are allowed subject to ARB and Planning a
Commission approvals.
C. PA 3 shall use the provisions of the PC 2 (Planned Commercial
Center - District Commercial).
d. PA 4 shall use the provisions of the PI (Planned Industrial Zone) but
encourages mixed use retail, office and residential uses under
Conditional Use Permit.
e. PA 5 shall use the provisions of the PC 2 (District Commercial Center
Zone) and shall encourage mixed use retail and residential under
Conditional Use Permit.
5
ORDINANCE NO. 838
PA 6 shall use the provisions of the PI (Planned Industrial Zone) but
encourages mixed use retail, office and residential uses under
Conditional Use Permit.
g. PA 7 shall use the provisions of the O-P (Office Professional Zone)
and shall encourage mixed use retail and/or residential uses under
Conditional Use Permit.
h. PA 8 shall use the provisions of PR 18 (Planned Residential District -
up to 18 dwelling units per acre).
h. Base zoning districts for each Planning Area are shown in Figure 4.
8. Parking requirements for layout and ratio for Planning Areas 2, and 7 shall
be based on a parking ratio of 5.0 spaces per 1000 square feet of gross
leasable area. Due to economy of scale, the amount of parking may be
reduced for integrated parking facilities as follows:
a. 1000 car parking on single parcel or integrated facility reduce by 10%.
b. 1500 car parking on single parcel or integrated facility reduce by 12%.
C. 2000 car parking on single parcel or integrated facility reduce by 14%.
d. 2500 car parking on single parcel or integrated facility reduce by 15%.
Such reduction shall be subject to justification of the findings as set forth in
Section 25.58.311 (B) of the Zoning Ordinance.
9. Parking requirements for all other Planning Areas shall be based on
requirements for those uses as set forth in the Zoning Ordinance; provided,
however, that parking requirements may be reduced upon demonstration
that alternative transportation, mixed land uses, or other techniques have
been incorporated into the planning to necessitate less parking. Golf cart
parking may replace automobile parking spaces on a one-to-one basis.
10. Changes in the location and configuration of the Planning Areas may occur
as precise plans are developed.- Any such changes will be subject to the
prior approval of the Community Development Director of the City.
11. Tentative Tract and Parcel Maps may be filed and approved subject to
consistency with the approved Agreement.
12. Except as otherwise provided herein, all approvals of the City, the
Community Development Director, the Planning Commission, or the
Redevelopment Agency or City Council shall be based on the criteria and
standards set forth in the Land Use and Building Ordinances in effect for the
City.
ORDINANCE NO. 838
City.
13. Prior to the issuance of any building permit with respect to any Planning _
Area, a Precise Plan for development shall be submitted to and shall be
approved by the Planning Commission if such Precise Plan is consistent with
the provisions of this Agreement and other relevant City ordinances.
14. (Deleted)
15. Access to the various Planning Areas shall be as depicted in Figure 5 unless
application for an alternate location is made to and approved the Community
Development Director and Public Works Director. Since median islands are
planned for both Gerald Ford Drive and Cook Street, full access points (left
in/left out) shall be at least 1000 feet apart and subject to the approval of the
Public Works Department.
16. Any improvements required as Exactions pursuant to the attached
Agreement shall be constructed by the Developer congruent with each phase
of the Project as such improvements relate thereto, and are necessary with
respect to such phase of Project development.
17. The requirement for Art in Public Places may be satisfied or partially satisfied
on the basis of a major entry statement at or near Cook Street and Gerald
Ford Drive. Funding or partial funding for such may be provided by Art in
Public Places or the Community Redevelopment Agency on the basis of a
advance against Art in Public Places from future development within the
Project.
18. Drive -through facilities shall be designed according to the following:
a: Safe on and off -site traffic and pedestrian circulation shall be
considered to limit conflicts between vehicles and pedestrians.
b: Stacking space for six vehicles shall be provided on -site for each
facility.
c: There shall be shade provided for vehicles at the service window
which shall be designed in an integrated manner with the architecture
and/or landscape architecture of the overall facility.
d. Vehicles, menu -boards, and service windows and similar features
shall be screened from public view by architecture of landscape
elements.
e. Drive -through restaurants shall be limited to the portion of the
property north of Gerald Ford Drive.
7
ORDIKANCE NO. 838
Development Program -Maximum Intensity Alternate
Consistent with the General Plan, the maximum intensity alternate as shown in Figure 2 is
set as the upper limit of development for the site.
Figure 2
Planning
Gross
Est. Net
Proposed
Proposed
FAR/
Max.
Est.
Area
Area
Area
Zoning
Uses
Dens.
Ff. Ar.
Parking
Equivalent
PA 1
21.3 ac.
18.1 ac.
PC-2
Freeway
.50
395K
2175
Oriented
Business
PA 2
50.7 ac.
43.1 ac.
PC-3
Regional
.50
940K
5165
Commercial
PA 3
11.2 ac.
9.5 ac
PC-2
Freeway
.50
21 OK
1155
Oriented
Business
PA 4
30.2 ac.
25.7 ac.
PI
Industrial/
.50
560K
3075
Business
PA 5
25.9 ac.
22.0 ac.
PC-2
Commercial
.50/
240K/
960
/Residential
18/ac
200 du
400
PA 6
70.6 ac.
60.0 ac
PI
Industrial/
.50
1300K
6550
Business
PA 7
44.3 ac.
37.7 ac.
OP
Office
.50
820K
3280
PA 8
14.9 ac.
12.7 ac.
PR-18
Multi -family
18
270 du
540
Residential
du/ac
TOTALS
269.1 ac
228.8 ac
-
-
-
4465K
23,300
470 du
E-3
ORDINANCE NO. 838
Development Program -Trend Alternate
The Trend Alternate as shown in Figure 3 is set forth as the probable development
intensity for the Project.
Figure 3
Planning
Gross
Est. Net
Proposed
Proposed
FAR/
Est
Est.
Area
Area
Area
Zoning
Uses
Dens.
Fl. Ar.
Parking
Equivalent
PA 1
21.3 ac.
18.1 ac.
PC-2
Freeway
.25
200K
800
Oriented
Business
PA 2
50.7 ac.
43.1 ac.
PC-3
Regional
.20
375K
1775
Commercial
PA 3
11.2 ac.
9.5 ac
PC-2
Freeway
.25
105K
400
Oriented
Business
PA 4
30.2 ac.
25.7 ac.
PI
Industrial/
.25
280K
1100
Business
PA 5
25.9 ac.
22.0 ac.
PC-2
Commercial
.25/
120K/
800
/Residential
18/ac
200 du
PA 6
70.6 ac.
60.0 ac
PI
Industrial/
.25
655K
2600
Business
PA 7
44.3 ac.
37.7 ac.
OP
Office
.25
41OK
1640
PA 8
14.9 ac.
12.7 ac.
PR-18
Multi -family
18
270 du
450
Residential
du/ac
TOTALS
269.1 ac
228.8 ac
-
-
-
2145P1565
470 du
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ORDINANCE NO. 838
Design Guidelines
Purpose
Except as otherwise provided in this Agreement or this Exhibit "A", the development of
each Planning Area within the Project shall be governed by the existing Land Use and
Building Ordinances of the City. The following guidelines are intended to be supplemental
to those established -by the City in its Ordinances and to the extent that they are
inconsistent or in conflict with the guidelines and Ordinances established by the City, these
guidelines shall be deemed controlling. Subject to the foregoing, all development plans
for each Planning Area shall comply with the following guidelines.
Site Planning and Circulation
Access to the various Planning Areas shall be limited as depicted in Figure 5 unless
otherwise approved by the Planning Commission. The intent is to limit access to maximize
the efficiency of the public street network in and around the Project Area. Shared access,
shared parking, shared internal vehicular circulation, and an interconnected non -motorized
internal circulation system shall be considered with the site plan for each Planning Area.
Where shared circulation, parking, and access are planned, reciprocal easements shall be
provided at the time the final map is approved for the planning area or at the time of
building permits.
Architecture
The architectural style of the Project will be predominantly of a custom, contemporary
desert influence. This can include a variety of derivative "traditional' styles such as
Mexican, Southwest, Mission Spanish, as well as more distinctly modem desert
expressions as found in Palm Desert and elsewhere throughout the Southwest. The
collective characteristics found in this architecture will be solar control (eaves, shade
structures, recessed windows and doors, reflective surfaces), mass (thick walls, columns),
enriched materials (stone, masonry, glass block), complex building forms (courtyards,
"stepping" - both vertical and horizontal, clustering) and details (art, water elements,
lighting, signage). Articulated eave detailing is encouraged on all structures.
The design objective is to reward the observer with a unique, environmentally responsive
"village" of buildings which work to provide an enriching experience to both those working
within as well as the users of the complex. Screening of mechanical equipment, loading
docks, trash areas and the like from all vantage points shall be designed as an extension
of the architectural and landscape solutions.
Discouraged architectural elements include franchise design, stagefront (one sided)
solutions, massive, uninterrupted planes of stucco or similar materials, and unrelated,
12
ORDINANCE NO. 838
floating, Post -Modern elements applied to building elevations.
Height Limits
The maximum height of buildings shall be governed by the provisions of the equivalent
zoning classification.
Landscape
The landscape solutions will be water efficient, colorful and emphasize shade. Large
expanses of turf will be discouraged except where multiple usage can be achieved. Water
elements shall be judiciously used to accentuate entries or transition areas. Such
elements shall tend toward"oasis" rather than "lake." Streetscapes shall be developed for
each of the public streets and should include landscape materials suited for such
applications. Colorful desert shrubs and shade trees shall be encouraged. Irrigation
systems shall be selected that limit water wasting. Landscape grading shall be designed
to contain irrigation within planting areas. Stormwater retention/detention areas (100 year
events) shall be integrated into the overall site plan.
Landscape Maintenance
Landscape maintenance shall be undertaken on a uniform basis within each planning area.
A landscape maintenance handbook shall be approved as part of the detailed landscape
development plans for each planning area. Landscape elements which are common to
more than one planning area shall have consistent maintenance provisions.
Parking Areas
Parking areas shall be efficiently designed to minimize area devoted to asphalt. As much
as possible, large parking area shall be separated into smaller appearing facilities by
means such as landscape buffers, grade breaks, and pedestrian corridors in order to
visually limit the parking "hardscape." Trees used in parking areas shall be selected to
maximize the development of shade while maintaining visual access to the architectural
graphics of the complex. The pattern and selection of trees shall also integrate with the
pattern of lighting fixtures to insure efficient illumination while limiting light pollution to the
degree possible. Parking layouts shall be pedestrian friendly to facilitate pedestrian and
non -motorized transportation movements. Stormwater retention/detention areas may
include perimeter parking and maneuvering areas.
The business developments catering to freeway travelers shall accommodate parking for
vehicles pulling trailers, boats, vehicles and the like.
13
ORDINANCE NO. 838
Grading/Drainage
The Project lies adjacent to the long -planned Mid -Valley Channel. Each site will be
required to retain the water of a 100 year event on site unless a community facility is
constructed. Areas used for retention/detention shall be integrated into the overall site
design but may be designed and shared by multiple sites. Retention/detention areas may
include perimeter parking and maneuvering areas.
Right-of-way easements for the Mid -Valley Channel shall be dedicated with the first
development permit and the land value of the dedication shall be credited against any
area -wide drainage fees. Construction shall be implemented by the Coachella Valley
Water District, the City, and/or the Redevelopment Agency. Interim flood protection may
be proposed to protect properties pending implementation of permanent facilities.
Mass grading of all or a portion of the Project may be necessary and may occur upon
approval of the grading plan and a dust control plan.
Graphics
Architectural graphics shall be considered as an integral part of the initial complex layout
and individual building design. Due to the relationship with Interstate 10, Planning Areas
1, 2, 4. and 6 may orient building signage toward the freeway. Individual business signage
shall not extend above the building outline. A single pylon sign up to 60 feet in height and
150 square feet in area per side (Figure 6) may be erected in Planning Areas 1 and 2
which may contain up to six business graphics. The design and location of this pylon shall
be integrated with the Precise Plan for each planning area and shall be consistent with the
FCOZ ordinance. All other freeway oriented graphics shall be consistent with the Palm
Desert Sign Ordinance.
In addition, the Developer and the City shall work with Caltrans to implement Business
Identification Signage on Interstate 10.
Plan Review Requirements
Purpose
This section is intended to establish the framework for processing future applications.
Development/Precise Plan Review
When the actual development of a Planning Area is proposed, an application for approval
of a Precise Plan shall be filed with and shall be approved by the Planning Commission
and ARB if said Precise Plan is consistent with the provisions of the Agreement and this
Exhibit "A". A Precise Plan may cover one or more Planning Areas of the Project. If a
14
ORDINANCE NO. 838
Precise Plan is proposed for an area less than a complete Planning Area, a schematic
land use plan for the entire Planning Area shall be submitted for that Planning Area. That
schematic land use Plan shall show that the partial development of the Planning Area will
not inhibit the overall development of the Planning Area. Subdivision maps, if required, can
be submitted and processed concurrently with the Precise Plan application.
Precise Plan Contents
Subject to the provisions of the Agreement and this Exhibit "A" the Precise Plan shall
include the requirements of Section 25.73.011 of the Zoning Ordinance.
15
ORDINANCE NO. 838 Figure 6
ONCEPT FREEWAY SIGNAGE
UP TO SIX
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PA1
UP TO 2E
32'
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ORDINANCE NO. 838
PARCEL 1:
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, THOSE PORTIONS OF THE SOUTH HALF OF SECTION 28, AND THE
NORTH HALF OF SECTION 33, IN TOWNSHIP 4 SOUTH, RANGE 6 EAST, S.B.M., --
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 28;
THENCE NORTH 00017'14" WEST ALONG THE WESTERLY LINE OF SAID SOUTH
HALF OF SECTION 28, A DISTANCE OF 2661.21 FEET TO THE NORTHWEST
CORNER THEREOF;
THENCE NORTH 89°56'46" EAST ALONG THE NORTHERLY LINE OF SAID SOUTH
HALF OF SECTION 28, A DISTANCE OF 45.22 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF THE SOUTEERN PACIFIC RAILROAD COMPANY RICHT-
OF-WAY, 200.00 FEET IN WIDTH;
THENCE SOUTH 54032'27" EAST ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY
LINE, A DISTANCE OF 4579.80 FEET TO A POINT IN THE NORTHERLY LINE OF
SAID SECTION 33;
THENCE CONTINUING SOUTH 54032'27" EAST ALONG SAID SOUTHWESTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 1067.22 FEET TO THE MOST NORTHERLY
CORNER OF PARCEL 8 AS DESCRIBED IN THE DEED TO THE PALM DESERT
REDEVELOPMENT AGENCY RECORDED SEPTEMBER 15, 1993 AS INSTRUMENT NO.
361666, O.R., SAID POINT BEING ON A NON -TANGENT CURVE, CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 1360.00 FEET, A RADIAL LINE TO
SAID POINT BEARS NORTH 62040'20" WEST;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID PARCEL 8, AND ALONG
THE WESTERLY LINES OF PARCELS 6, 1 AND 4 AS DESCRIBED IN THE DEED TO
THE PALM DESERT REDEVELOPMENT AGENCY RECORDED SEPTEMBER 15, 1993 AS
INSTRUMENT NO. 361665, O.R., THROUGH THE FOLLOWING NINE (9) COURSES:
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
31"02'12", AN ARC DISTANCE OF 736.70 FEET;
THENCE TANGENT TO SAID CURVE SOUTH 03042'32" EAST, A DISTANCE OF
525.03 FEET;
THENCE SOUTH 01012'29" WEST, A DISTANCE OF 135.00 FEET;
THENCE SOUTH 46012'29" WEST, A DISTANCE OF 55.15 FEET;
THENCE NORTH 88*47-31" WEST, A DISTANCE OF 122.00 FEET;
THENCE SOUTH 01°12'29" WEST, A pISTANCE OF 137.00 FEET;
THENCE SOUTH 88047'31" EAST, A DISTANCE OF 135.00 FEET;
THENCE SOUTH 43047-31" EAST, A DISTANCE OF 48.08 FEET;
ORDINANCE NO. 838
THENCE SOUTH 01012'29" WEST, A DISTANCE OF 458.74 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID NORTH HALF OF SECTION 33;
THENCE SOUTH 89051'41" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF
1856.46 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 33;
THENCE NORTH 00*04107" WEST ALONG THE WESTERLY LINE OF SAID NORTH-
EAST QUARTER, A DISTANCE OF 2333.35 FEET TO A POINT ON A LINE
PARALLEL WITH AND 329.01 FEET SOUTHERLY OF THE NORTHERLY LINE OF
SAID SECTION 33;
THENCE SOUTH 89055' 55" WEST ALONG SAID PARALLEL LINE, A DISTANCE 0.
2647.83 FEET TO A POINT ON THE WESTERLY LINE OF SAID NORTH HALF OF
SECTION 33;
THENCE NORTH 00005' 40" WEST ALONG SAID WESTERLY LINE, A DISTANCE OF
329.01 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
COMPRISING 245.11 ACRES, MORE OR LESS.
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ORDINANCE NO. 838
PARCEL 2:
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA THOSE PORTIONS OF THE NORTHEAST QUARTER OF SECTION 33,
AND THE WEST HALF OF SECTION 34, IN TOWNSHIP 4 SOUTH, RANGE 6 EAST, -
S.B.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY LINE Or
THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY, 200.00 FEAT IN
WIDTH, AND THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 34;
THENCE SOUTH 00012'22" EAST ALONG SAID EASTERLY LINE, A DISTANCE OF
1601.18 FEET TO A POINT OF CUSP WITH A TANGENT CURVE, CONCAVE W_7ST-
ERLY AND HAVING A RADIUS OF 1200.00 FEET, A RADIAL LINE TO SAID
POINT BEARS NORTH 89"47'38" EAST, SAID POINT ALSO BEING ON Ti'.?
CENTERLINE OF GERALD FORD DRIVE;
THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CENTERLINE
OF GERALD FORD 'DRIVE THROUGH THE FOLLOWING SIX (6) COURSES:
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18009'43", AN
ARC DISTANCE OF 380.38 FEET;
THENCE TANGENT TO SAID CURVE NORTH 18022105" WEST, A DISTANCE OF
481.30 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTH-
WESTERLY AND HAVING A RADIUS OF 1000.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
36010'22", AN ARC DISTANCE OF 631.33 FEET;
THENCE TANGENT TO SAID CURVE NORTH 54032'27" WEST, A DISTANCE OF
1645.12 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTH7_RLY
AND HAVING A RADIUS OF 1000.00 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
34°15'04", AN ARC DISTANCE OF 597.79 FEET;
THENCE TANGENT TO SAID CURVE NORTH 88047'31" WEST, A DISTANCE OF
649.03 FEET TO THE SOUTHEAST CORNER OF PARCEL 3 AS DESCRIBED IN THE
DEED TO THE PALM DESERT REDEVELOPMENT AGENCY RECORDED SEPTEMBER 15,
1993 AS INSTRUMENT NO. 361665, O.R.
THENCE LEAVING SAID CENTERLINE OF GERALD FORD DRIVE AND IN A
GENERAL NORTHERLY DIRECTION ALONG THE EASTERLY AND NORTHERLY LINES
OF SAID PARCEL 3, AND THE EASTERLY LINES OF PARCELS 1 AND 5 AS
DESCRIBED IN SAID INSTRUMENT NO. 361665, AND ALONG THE EASTERLY
LINE OF PARCEL 8 AS DESCRIBED IN THE DEED TO THE PALM DESERT
REDEVELOPMENT AGENCY RECORDED SEPTEMBER 15, 1993 AS INSTRUMENT NO.
361666, O.R., THROUGH THE FOLLOWING SIX (6) COURSES:
NORTH 01°12'29" EAST, A DISTANCE OF 75.00 FEET;
ORDINUCE NO. 838
THENCE NORTH 88047'31" WEST, A DISTANCE OF 135.00 FEET;
THENCE NORTH 43047'31" WEST, A DISTANCE OF 48.08 FEET;
THENCE NORTH 01012129" EAST, A DISTANCE OF 127.00 FEET;
THENCE NORTH 06059'36" EAST, A DISTANCE. OF 525.76 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS
OF 1520.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
21010'22", AN ARC DISTANCE OF 561.70 FEET TO A POINT OF
INTERSECTION WITH AFOREMENTIONED SOUTHWESTERLY RIGHT-OF-WAY LINE OF
THE SOUTHERN PACIFIC RAILROAD;
THENCE SOUTH 54°32'27" EAST ALONG SAID SOUTHWESTERLY LINE, A
DISTANCE OF 498.43 FEET TO A POINT ON THE EASTERLY LINE OF SAID
NORTHEAST QUARTER OF SECTION 33;
THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 54032'27"
EAST, A DISTANCE OF 3252.43 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
COMPRISING 61.81 ACRES, MORE OR LESS.
�S�cp LANDS
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ORDINANCE NO. 838
DEVELOPMENT AGREEMENT
EXHIBIT B
LEGAL DESCRIPTION OF PROPERTY
[to be attached prior to recording]
DE096717 4/16197 - 1 V -
ORDINANCE NO. 838
DEVELOPMENT AGREEKENT - EMIBIT "B"
THENCE SOUTH 01°12'29" WEST, A DISTANCE OF 458.74 FEET TO A POINT ON
THE SOUTHERLY LINE OF SAID NORTH HALF OF SECTION 33;
THENCE SOUTH 89°51'41" WEST ALONG SAID SOUTHERLY LINE, A DISTANCE OF
1856.46 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF
SAID SECTION 33;
THENCE NORTH 00004'07" WEST ALONG THE WESTERLY LINE OF SAID NOgTW'-
EAST QUARTER, A DISTANCE OF 2333.35 FEET TO A POINT ON A LINE
PARALLEL WITH AND 329.01 FEET SOUTHERLY OF THE NORTHERLY LINE Oz
SAID SECTION 33;
THENCE SOUTH 89055'55" WEST ALONG SAID PARALLEL LINE, A DISTANCE O;
2647.83 FEET TO A POINT ON THE WESTERLY LINE OF SAID NORTH VALF OE
SECTION 33;
THENCE NORTH 00'05'40" WEST ALONG SAID 6tiESTERLY LINE, A DISTANCE OF
329.01 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAX OF RECORD.
COMPRISING 245.11 ACRES, MORE OR LESS.
IAND S�
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ORDINANCE NO. 838
DEVELOPMENT AGREEKENT - ®IBIT "B"
THENCE NORTH 88047'31" WEST, A DISTANCE OF 135.00 FEET;
THENCE NORTH 43*47131" WEST, A DISTANCE OF 48.08 FEET;
THENCE NORTH 01012'29" EAST, A DISTANCE OF 127.00 FEET;
THENCE NORTH 06059'36" EAST, A DISTANCE OF 525.78 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUS
OF 1520.00 FEET;
THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
21010' 22", AN ARC DISTANCE OF 561.70 FEET TO A POINT OF
_NTERSECTION WITH AFOREMENTIONED SOUTHWESTERLY RIGHT-OF-WAY LINE OF
SOUTHERN PACIFIC RAILROAD;
THENCE SOUTH 54032'27" EAST ALONG SAID SOUTHWESTERLY LINE, A
DISTANCE OF 498.43 FEET TO A POINT ON THE EASTERLY LINE OF SAID
NORTHEAST QUARTER OF SECTION 33;
THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 54032'27"
EAST, A DISTANCE OF 3252.43 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
COMPRISING 61.81 ACRES, MORE OR LESS.
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ORDINANCE NO. 1059
EXHIBIT B
Legal Description
Parcels 11, 12 and 13 of Parcel Map 31730.
Exhibit "C" �..�.q. a.
Addendum to !�� ��•�"°`'C/3
Development Agreement DA 97-2 !
(Wonder Palms)
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-- ORDINANCE NO. 1059 — - --
EXHIBIT "C"
Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the
California Code of Regulations.
NEGATIVE DECLARATION
CASE NOS: C/Z 03-10 AND DA 03-03
APPLICANT/PROJECT SPONSOR: Rick Evans
57745 Interlachen
La Quinta, CA 92253
PROJECT DESCRIPTION/LOCATION:
A change of zone from PR-5 to PCD, an addendum to Development Agreement 97-2,
and a Negative Declaration of Environmental Impact as it relates thereto, expanding
Planning Area #3 of the Wonder Palms Master Plan at the southwest corner of Cook
Street and Gerald Ford Drive, 37-001 Cook Street.
The Director of the Department of Community Development, City of Palm Desert,
California, has found that the described project will not have a significant effect on
the environment.
4/8/04
PHILIP DRELL DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
in