HomeMy WebLinkAboutORD 1142ORDINANCE NO. 1142
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
AMENDMENT RELATING TO STONE EAGLE.
CASE NO. DA 02-01 AMENDMENT # 1
WHEREAS, the City Council of the City of Palm Desert, California, did on the 13th
day of September, 2007, hold a duly noticed public hearing to consider a request by Eagle
6.5 LLC for approval of DA 02-01 Amendment # 1; and
WHEREAS, the Planning Commission by its Resolution No. 2450 denied said
request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said City Council did find the
following facts and reasons to justify its actions:
The proposed development agreement is consistent with the provisions of the
Municipal Code Chapter 25.37, Development Agreements.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm
Desert, California, as follows:
That the above recitations are true and correct and constitute the findings of
the City Council in this case.
2. That DA 2-1 Amendment #1 (Exhibit A attached hereto) is hereby approved.
3. The City Clerk of the City of Palm Desert, California, is hereby directed to
publish this ordinance in the Desert Sun, a newspaper of general circulation,
published and circulated in the city of Palm Desert, California, and shall be in
full force and effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this 27th, day of September, 2007, by the following vote, to wit:
AYES: BENSON, FINERTY, SPIEGEL, and KELLY
NOES: NONE
ABSENT: FERGUSON
ABSTAIN: NONE
ATTEST:
RACHELLE D. KLASS N, CITY CLEW
CITY OF PALM DESERT, CALIFORNIA
[This page has intentionally been left blank.]
ORDINANCE NO. 1142 EXHIBIT A
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
City of Palm Desert
Attn: Carlos Ortega
73 -5 10 Fred Waring Drive
Palm Desert, CA 92260
FOR THE BENEFIT OF THE CITY OF PALM DESERT
-NO FEE-
6103 OF THE GOVT. CODE
Space Above This Line For Recorder's Use
First Amendment to Development Agreement 02-01
This First Amendment to Development Agreement (this "Amendment") is made
and entered into as of this day of , 2007, by and between the CITY OF
PALM DESERT, a California municipal corporation ("City"), and STONE EAGLE
DEVELOPMENT, LLC ("Developer") as successor -in interest to DESTINATION
DEVELOPMENT CORPORATION, a California corporation ("DDC") (City and
Developer are, collectively, "the Parties"), pursuant to the authority of Section 65864 et
seq. of the Government Code of the State of California.
RECITALS
A. City and DDC entered into that certain Development Agreement 02-01
dated as of November 14, 2002, and recorded on March 11, 2003, as Document No.
2003-172463, in the Official Records of Riverside County, California (the
"Agreement"). The Agreement was entered into to facilitate the development of certain
real property ("Site") more particularly described in the Agreement.
B. City and Developer now desire to amend the Agreement in the manner set
forth herein pursuant to Section 1000 of the Agreement.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises
of the Parties, the Parties hereto agree as follows:
AGREEMENT
1. Effective Date. This Amendment shall become effective on the date,
which is two (2) business days after the date, which is thirty (30) days after date of final
adoption by the City of the ordinance approving this Amendment ("Effective Date").
From and after the Effective Date, all references to the Agreement shall automatically be
deemed to mean the Agreement as amended by this Amendment.
OU1 1NA.NCE NO. 1142
2. Defined Terms. All capitalized terms used but not defined herein shall
have the meaning set forth in the Agreement.
3. Effect on Site. This Amendment will bind the Site upon the Effective
Date.
4. Amendment to Section 201. From and after the Effective Date, the last
sentence in Section 201 (1) shall be revised to read: "Notwithstanding any provisions to
the contrary set forth in Chapter 25.100 of the Palm Desert Municipal Code, each of no
more than twenty (20) DU may (but need not) in developer's sole discretion be sold as up
to nine (9) fractional interest, each of which fractional interests shall permit the owner of
such fractional interest to occupy a DU (which may or may not be the DU in which such
owner has a fee interest) for a portion of each calendar year. The remaining 40 DU of the
entitled 60 DU shall not exceed one (1) ownership, which is an amendment from up to a
fourth (1/4) fractional interest per DU."
5. Public Facilities Impact Mitigation Fee. The Developer agrees, for so
long as the Developer shall control the Residence Club at Stone Eagle, to cause, and from
and after the date on which the Developer shall no longer control the Residence Club at
Stone Eagle, to use its best efforts to cause the collection of a $2,700.00 per year Public
Facilities Impact Mitigation Fee for each dwelling unit sold on a fractional basis, as is
permitted under this First Amendment to Development Agreement 02-01. The annual fee
will be adjusted every five years on July 1 beginning July 12008, using the Consumer
Price Index for Los Angeles/Riverside/Orange Counties (March 2008 to March of the
year of adjustment). The fee shall be calculated based upon the number of dwelling units
that have been sold on a fractional basis times the annual fee amount. The annual fee
shall be paid to the City on an annual basis beginning with the first payment on the first
day of the twelfth month following the effective date of this First Amendment. The first
payment shall include payment of the Public Facilities Impact Mitigation Fee for the
balance of the first month plus the next eleven months. Thereafter, the Public Facilities
Impact Mitigation Fee shall be paid on the first day of each twelfth month for the next
twelve-month period. Provided, however, that the agreement of the Developer to cause
or use its best efforts to cause the collection of the Fee does not constitute the obligation
of the Developer, except to the extent that Developer has purchased a fractional interest.
Future operators of the Residence Club at Stone Eagle are similarly required to collect
and pay said fee to the City.
6. Covenants Run With Land. It is specifically understood and agreed by
and between the Parties hereto that the Agreement and this Amendment shall not be
severable from Developer's interest in the Site, and the provisions of the Agreement as
amended by this Amendment shall constitute covenants which shall run with the Site or
any portion thereof upon the recordation of this Amendment, and that thereafter the
benefits and burdens of the Agreement as amended by this Amendment shall bind and
inure to all successors in interest to the Parties who acquire any interest in the Site.
7. Interpretation. This Amendment shall be interpreted to give each of the
provisions their plain meaning. The Recitals are incorporated into this Amendment.
41048176.4 2
CRD:kNANCE N10. 1142
8. Entire Agreement. This Amendment is executed in duplicate originals,
each of which is deemed to be an original. This Amendment consists of four (4) pages,
which constitute the entire understanding of the Parties as to the matters set forth in this
Amendment.
9. Status of Agreement. Except as modified by this Amendment, the terms
and provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the
date and year first above written.
"CITY"
Effective Date:
2007
CITY OF PALM DESERT, a California
Municipal Corporation
(Mayor, City of Palm Desert)
Attest:
Rachelle D. Klassen, City Clerk
Approved as to form:
David Erwin, City Attorney
"DEVELOPER" STONE EAGLE DEVELOPMENT, LLC
a Delaware limited liability company
Date of Submission by Developer: By:
2007
41048176.4 3
ORDINANCE NO. 1142
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me,
personally appeared
personally known to me (or 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 and official seal.
Notary Public
[SEAL]
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On , before me,
personally appeared
personally known to me (or 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 and official seal.
Notary Public
[SEAL]
41048176.4 4
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
City of Palm Desert
Attn: Rachelle D. Klassen
73 -5 10 Fred Waring Drive
Palm Desert, CA 92260
Nre # 2007-0663645
10/29/2007 08:00A Fee:NC
Page 1 of 4
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
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FOR THE BENEFIT OF THE CITY OF PALM DESERT
-NO FEE-
6103 OF THE GOVT. CODE
Space Above This Line For Recorder's Use
First Amendment to Development Agreement 02-01
"Ir� M
030
This First Amendment to Development Agreement (this "Amendment") is made and
entered into as of this 27th day of September, 2007, by and between the CITY OF PALM
DESERT, a California municipal corporation ("City"), and STONE EAGLE DEVELOPMENT,
LLC ("Developer") as successor -in interest to DESTINATION DEVELOPMENT
CORPORATION, a California corporation ("DDC") (City and Developer are, collectively, "the
Parties"), pursuant to the authority of Section 65864 et seq. of the Government Code of the State
of California.
RECITALS
A. City and DDC entered into that certain Development Agreement 02-01 dated as of
November 14, 2002, and recorded on March 11, 2003, as Document No. 2003-172463, in the
Official Records of Riverside County, California (the "Agreement"). The Agreement was
entered into to facilitate the development of certain real property ("Site") more particularly
described in the Agreement.
B. City and Developer now desire to amend the Agreement in the manner set forth
herein pursuant to Section 1000 of the Agreement.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the
Parties, the Parties hereto agree as follows:
AGREEMENT
1. Effective Date. This Amendment shall become effective on the date, which is two
(2) business days after the date, which is thirty (30) days after date of final adoption by the City
of the ordinance approving this Amendment ("Effective Date"). From and after the Effective
Date, all references to the Agreement shall automatically be deemed to mean the Agreement as
amended by this Amendment.
41048176.4
2. Defined Terms. All capitalized terms used but not defined herein shall have the
meaning set forth in the Agreement.
3. Effect on Site. This Amendment will bind the Site upon the Effective Date.
4. Amendment to Section 201. From and after the Effective Date, the last sentence
in Section 201 (1) shall be revised to read: "Notwithstanding any provisions to the contrary set
forth in Chapter 25.100 of the Palm Desert Municipal Code, each of no more than twenty (20)
DU may (but need not) in developer's sole discretion be sold as up to nine (9) fractional interest,
each of which fractional interests shall permit the owner of such fractional interest to occupy a
DU (which may or may not be the DU in which such owner has a fee interest) for a portion of
each calendar year. The remaining 40 DU of the entitled 60 DU shall not exceed one (1)
ownership, which is an amendment from up to a fourth (1/4) fractional interest per DU."
5. Public Facilities Impact Mitigation Fee. The Developer agrees, for so long as the
Developer shall control the Residence Club at Stone Eagle, to cause, and from and after the date
on which the Developer shall no longer control the Residence Club at Stone Eagle, to use its best
efforts to cause the collection of a $2,700.00 per year Public Facilities Impact Mitigation Fee for
each dwelling unit sold on a fractional basis, as is permitted under this First Amendment to
Development Agreement 02-01. The annual fee will be adjusted every five years on July 1
beginning July 1 2008, using the Consumer Price Index for Los Angeles/Riverside/Orange
Counties (March 2008 to March of the year of adjustment). The fee shall be calculated based
upon the number of dwelling units that have been sold on a fractional basis times the annual fee
amount. The annual fee shall be paid to the City on an annual basis beginning with the first
payment on the first day of the twelfth month following the effective date of this First
Amendment. The first payment shall include payment of the Public Facilities Impact Mitigation
Fee for the balance of the first month plus the next eleven months. Thereafter, the Public
Facilities Impact Mitigation Fee shall be paid on the first day of each twelfth month for the next
twelve-month period. Provided, however, that the agreement of the Developer to cause or use its
best efforts to cause the collection of the Fee does not constitute the obligation of the Developer,
except to the extent that Developer has purchased a fractional interest. Future operators of the
Residence Club at Stone Eagle are similarly required to collect and pay said fee to the City.
6. Covenants Run With Land. It is specifically understood and agreed by and
between the Parties hereto that the Agreement and this Amendment shall not be severable from
Developer's interest in the Site, and the provisions of the Agreement as amended by this
Amendment shall constitute covenants which shall run with the Site or any portion thereof upon
the recordation of this Amendment, and that thereafter the benefits and burdens of the
Agreement as amended by this Amendment shall bind and inure to all successors in interest to
the Parties who acquire any interest in the Site.
7. Interpretation. This Amendment shall be interpreted to give each of the
provisions their plain meaning. The Recitals are incorporated into this Amendment.
8. Entire Agreement. This Amendment is executed in duplicate originals, each of
which is deemed to be an original. This Amendment consists of four (4) pages, which constitute
the entire understanding of the Parties as to the matters set forth in this Amendment.
41048176.4 2
9. Status of Agreement. Except as modified by this Amendment, the terms and
provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the date and
year first above written.
"CITY"
Effective Date:
October 31.
"DEVELOPER"
Date of Submission by Developer:
2007
2007
197
CITY OF PALM DESERT, a California
Municipal Comoration
ME
Atte
Rachelle D. Klassdn, Ity`Clerk
STONE EAGLE IJ,EVELOPMENT, LLC
a Delaware limited liability company
By: _
41048176.4 3
STATE OF CALIFORNIA
COUNTY OF 'R;,)Us10j
ss.
personally appeared --Q(I K, LQ n n o YL ' ' . I
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person whose nameN Ds wv- subscribed to the within instrument and acknowledged to me that
1 /e *"Iey executed the same in is � authorized capacity, and that by &hcwlth ir
signature on the instrument the person or the entity upon behalf of which the person(l
acted, executed the instrument.
Witness my hand and official seal.
ALCADIA MAE TRIPLETT
Commission * 1743872
Notary PubliC - California
Riverside County
coma, a2011
[SEAL]
STATE OF CALIFORNIA
ss.
COUNTY OF
On , before me,
personally appeared
�0 /i' 1 / ► ,� T//
personally known to me (or 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 and official seal.
Notary Public
[SEAL]
41048176.4 4