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Home My WebLink AboutORD 1152ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT 02-01 ALLOWING A 25-FOOT 2-INCH MAXIMUM ROOF HEIGHT FOR A TWO-STORY DETACHED GARAGE/CASITA UNIT ON 19 LOTS WITHIN STONE EAGLE GOLF COURSE, ATTACHED AS EXHIBIT A. CASE NOS. DA 02-01 AMENDMENT #2 WHEREAS, the Planning Commission by its Resolution No. 2468 has recommended approval of Case No. DA 02-01 Amendment #2; and WHEREAS, at said public hearings, said City Council heard and considered all testimony and arguments of all interested persons. WHEREAS, said application has complied with requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 06-78," in that the Director of Community Development has determined the project is consistent with the scope of the previous CEQA review and the approved Environmental Impact Report (EIR) for the project. No further environmental review is necessary; and The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, AS FOLLOWS: SECTION 1: That the Development Agreement 02-01 Amendment #2 by Ordinance No. 1152 is hereby approved. SECTION 2: The City Clerk of the City of Palm Desert, California, shall certify to the passage adoption of this Ordinance and shall cause the same to be published once in the Desert Sun, a newspaper of general circulation, circulated within the City of Palm Desert, and the same 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 27"' day of March 2008, by the following vote, to wit: AYES: FERGUSON, FINERTY, KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA H LLE D. KLASSE , CITY CLERK CITY OF PALM DESERT, CALIFORNIA += r:)'o ORDINANCE 1152 RECORDING REQUESTED BY PURSUANT AND WHEN RECORDED MAIL TO: City of Palm Desert Attn: Carlos Ortega 73-510 Fred Waring Drive Palm Desert, CA 92260 EXEMPT FROM FILING FEE TO GOVT. CODE §6103 Space Above This Line For Recorder's Use Second Amendment to Development Agreement 02-01 This Second Amendment to Development Agreement (this "Second Amendment") is made and entered into as of this _ day of , 2008, 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. Subsequently, City and Developer entered into "First Amendment to Development Agreement 02-01" dated as of September 27, 2007. The Agreement as amended by the First Amendment is referred to herein as "Amended Agreement." C. City and Developer now desire to amend the Amended Agreement in the manner set forth herein pursuant to Section 1000 of the Amended Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the Parties, the Parties hereto agree as follows: iv ORDINANCE 1152 AGREEMENT 1. Effective Date. This Second 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 Second Amendment ("Effective Date"). From and after the Effective Date, all references to the Amended Agreement shall automatically be deemed to mean the Amended Agreement as amended by this Second Amendment. 2. Defined Terms. All capitalized terms used but not defined herein shall have the meaning set forth in the Amended Agreement. 3. Effect on Site. This Second Amendment will bind the Site upon the Effective Date. 4. Amendment to Section 203(1). From and after the Effective Date, the last sentence in Section 203 (1) shall be revised to read: "Permitted building heights and set backs shall be consistent with those set forth on Exhibit D, attached hereto, as amended by Exhibit E, attached to the Second Amendment to Development Agreement 02-01." 5. Exhibit E. Exhibit E, attached hereto, shall be Exhibit E of the Amended Agreement, and shall amend the development standards of Exhibit D of the Amended Agreement. 6. Covenants Run With Land. It is specifically understood and agreed by and between the Parties hereto that the Amended Agreement and this Second Amendment shall not be severable from Developer's interest in the Site, and the provisions of the Amended Agreement as amended by this Second Amendment shall constitute covenants which shall run with the Site or any portion thereof upon the recordation of this Second Amendment, and that thereafter the benefits and burdens of the Amended Agreement as amended by this Second Amendment shall bind and inure to all successors in interest to the Parties who acquire any interest in the Site. 7. Interpretation. This Second Amendment shall be interpreted to give each of the provisions their plain meaning. The Recitals are incorporated into this Second Amendment. 8. Entire Agreement. This Second Amendment is executed in duplicate originals, each of which is deemed to be an original. This Second Amendment consists of four (4) pages, which constitute the entire understanding of the Parties as to the matters set forth in this Second Amendment. 9. Status of Amended Agreement. Except as modified by this Second Amendment, the terms and provisions of the Amended Agreement shall remain in full force and effect. El ORDINANCE 1152 IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the date and year first above written. "CITY" Effective Date: By: 12008 CITY OF PALM DESERT, a California Municipal Corporation (Mayor, City of Palm Desert) Attest: Carlos L. Ortega City Manager Approved as to form: David Erwin City Attorney "DEVELOPER" STONE EAGLE DEVELOPMENT, LLC a Delaware limited liability company Date of Submission by Developer: By: , 2008 5 ORDINANCE 1152 STATE OF CALIFORNIA ss. COUNTY OF On , before me, , Notary Public, personally appeared 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. [SEAL] STATE OF CALIFORNIA ss. COUNTY OF Notary Public On , before me, Notary Public, personally appeared 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. [SEAL] Notary Public ORDINANCE 1152 RECORDING REQUESTED BY PURSUANT AND WHEN RECORDED MAIL TO: City of Palm Desert Attn: Rachelle D. Klassen, City Clerk 73-510 Fred Waring Drive Palm Desert, CA 92260 Space 7 EXEMPT FROM FILING FEE TO GOVT. CODE §6103 DOC # 2008-0404071 07/24/2008 08:00A Fee:NC Page 1 of 6 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 111111111111111111111111111111111111111111111111111111 S R U PAGE I SIZE DA MISC LONG RFD I COPY �M A L 465 426 PCOR NCOR SMF NCHG EXAM UNI 3v T: CTY Second Amendment to Development Agreement 02-01 This Second Amendment to Development Agreement (this "Second Amendment") is made and entered into as of this 27th day of March, 2008, 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. Subsequently, City and Developer entered into "First Amendment to Development Agreement 02-01" dated as of September 27, 2007. The Agreement as amended by the First Amendment is referred to herein as "Amended Agreement." C. City and Developer now desire to amend the Amended Agreement in the manner set forth herein pursuant to Section 1000 of the Amended Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the Parties, the Parties hereto agree as follows: ORDINANCE 1152 AGREEMENT 1. Effective Date. This Second 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 Second Amendment ("Effective Date"). From and after the Effective Date, all references to the Amended Agreement shall automatically be deemed to mean the Amended Agreement as amended by this Second Amendment. 2. Defined Terms. All capitalized terms used but not defined herein shall have the meaning set forth in the Amended Agreement. 3. Effect on Site. This Second Amendment will bind the Site upon the Effective Date. 4. Amendment to Section 203(1). From and after the Effective Date, the last sentence in Section 203 (1) shall be revised to read: "Permitted building heights and set backs shall be consistent with those set forth on Exhibit D, attached hereto, as amended by Exhibit E, attached to the Second Amendment to Development Agreement 02-0L" 5. Exhibit E. Exhibit E, attached hereto, shall be Exhibit E of the Amended Agreement, and shall amend the development standards of Exhibit D of the Amended Agreement. 6. Covenants Run With Land. It is specifically understood and agreed by and between the Parties hereto that the Amended Agreement and this Second Amendment shall not be severable from Developer's interest in the Site, and the provisions of the Amended Agreement as amended by this Second Amendment shall constitute covenants which shall run with the Site or any portion thereof upon the recordation of this Second Amendment, and that thereafter the benefits and burdens of the Amended Agreement as amended by this Second Amendment shall bind and inure to all successors in interest to the Parties who acquire any interest in the Site. 7. Interpretation. This Second Amendment shall be interpreted to give each of the provisions their plain meaning. The Recitals are incorporated into this Second Amendment. 8. Entire Agreement. This Second Amendment is executed in duplicate originals, each of which is deemed to be an original. This Second Amendment consists of four (4) pages, which constitute the entire understanding of the Parties as to the matters set forth in this Second Amendment. 9. Status of Amended Agreement. Except as modified by this Second Amendment, the terms and provisions of the Amended Agreement shall remain in full force and effect. 2 ORDINANCE 1152 IN WITNESS WHEREOF, the undersigned have executed this Second Amendment as of the date and year first above written. "CITY" Effective Date: April 30 "DEVELOPER" Date of Submission by Developer: fell: 2008 CITY OF PALM DESERT, a California Munj,cipal Corporation (Mayor, CityX Palm Desert) Attest: � A .��_ �a, City Clerk Approved as to form: Dav�Erwilv City Attorney STONE EAGLE DEVELOPMENT, LLC a Delaware limited liability company By' �- 3 ORDINANCE 1152 STATE OF CALIFORNIA ss. COUNTY OF /Z I vELS/DE On XAC11 8, 2.00 & , before me, E1P1dAAi)%4A --41A1 G J , Notary Public, personally appeared 'r'f D 4.6A-4A-1cV who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. EDWARD JENNINGS COMM. *1661020 Z NOTARY PUBLIC CALIFORIM n RIVERSIDE COUNTY [SEAL] Comm. Exp. APRI 99, 2010 STATE OF CALIFORNIA ss. COUNTY OF Notary Public ' On Re , L2CCfQR , before me, M. G l0rl'&_ Mar+ine_Z Nota Public, personally appeared Jean ►'Yl . &vang.:- i nr Ijej - kj&SEn who proved to me on the basis of satisfactory evidence to be the persons whose names $Aa subscribed to the within instrument and acknowledged to me that hV/sk the executed the same in hfs4e he' authorized capacity ies and that by hid er/ het signature(D on the instrument the perso s or the entity upon behalf of which the perso� acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. M. GLORIA MARTINEZ Commission # 1697036 LawComm-Expres0029,2014 Notary Public - California [SEAL]Riverside County El ORDINANCE 1152 DA 02-01 EXHIBIT "E" AMENDED DEVELOPMENT STANDARDS In addition to the development standards described in Exhibit "D" for Development Agreement 02-10, the following standards have been amended: Building Height for 19 Southridge Units: The maximum building height for the Southridge Homes with a two-story garage/casita shall be 25 feet 2 inches from the approved pad height elevation. The following lots are approved at this height limit: Lots 22-26, Lots 28-34, 38-44. All other lots and main homes shall not exceed 20 feet tall from the approved pad heights based on the original approval in Exhibit D of Development Agreement 02-01. 5