HomeMy WebLinkAboutORD 1297ORDINANCE NO. 1297
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
AMENDMENT AND CHANGE OF ZONE APPLICATION FOR THE
EXPANSION OF A SENIOR LIVING FACILITY LOCATED ON THE
SOUTHWEST CORNER OF CATALINA WAY AND SAN PASCUAL AVENUE
CASE NOS: DA/CZ 15-086
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18t' day of August 2015, hold a duly noticed public hearing to consider the request by
Prospect Companies, for approval of the above noted, and adopted Planning Commission
Resolution 2655 recommending approval of the expansion of an existing Senior Living
Facility and change of zone application, to the City Council; and
WHEREAS, the City Council of the City of Palm Desert, California, did on the 81h day
of October, 2015, hold a duly noticed public hearing to consider the request by Prospect
Companies for approval of amendments to the Development Agreement, Precise Plan, and
Change of Zone applications for the expansion of a Senior Living Facility; and
WHEREAS, said applications have complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, in that the Director of Community Development has determined
that no significant environmental impacts will result from the expansion of the Senior Living
Facility and has prepared a Notice of Exemption to be adopted; 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 the approval of said request:
Findings for Approval:
1. That the proposed change of zone is consistent with the objectives of the
Zoning Ordinance and the adopted General Plan.
The Senior Living Facility will expand by acquiring two adjoining parcels
abutting its existing eastern property line. These parcels are currently zoned
Residential Single -Family (R-1) on the City's Zoning Map. The proposal to change
their zoning designations from R-1 to Residential Single -Family (R-2) with a Senior
Overlay (S.O.) is consistent with the City's current General Plan which adopted the
policies contained in the Palma Village Specific Plan. The Palma Village Specific
Plan identified properties surrounding the City's Senior Center to develop for senior
housing projects and to make zoning consistent with the multi -family character of
existing development west of San Pascual, while preserving the single-family zones
east of San Pascual.
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ORDINANCE NO. 1297
The expansion of the Senior Living Facility is also consistent with the City's Zoning
Ordinance provisions for the R-2 zoning district and S.O. zone. The expanded facility
conforms to the development standard for the R-2 zoning district, with the exception
of an adjustment to the front yard setback along Catalina Way. The development is
single -story in height and does not exceed the maximum building height of 18 feet.
An exception has been granted to reduce the front yard setback along Catalina Way
from 15 feet to 10 feet in order to ensure the expanded facility has a similar setback
as the existing facility. The adjustment to this setback is supported by the S.O. zone
which allows for flexibility in design standards for senior housing development. In
addition, the expanded facility complies with affordability requirements listed for
senior housing developments in the S.O. zone.
WHEREAS, the City Council of the City of Palm Desert, California, DOES HEREBY
ORDAIN, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
City Council in this case.
2. That Development Agreement 15-086, amending Development Agreement 97-3,
and a Change of Zone 15-086 applying the Residential Single -Family (R-2) and
Senior Overlay (S.O.) designations are hereby approve, as proposed, by Ordinance
No. 1297.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 22nd day of October, 2015, by the
following vote, to wit: 3
AYES: HARNIK, SPIEGEL, TANNER, and WEBER
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RA LL D. KLA N, CLERK
CITY OF PALM DESERT, CALIFORNIA
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Susan Marie Weber, Mayor
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Clerk
Record for the Benefit of
the City of Palm Desert
Pursuant to Government Code Section 6103
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FOR RECORDER'S USE ONLY
2016-0140793
04/11/2016 01:28 PM Fee: $ 0.00
Page 1 of 28
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor -County Clerk -Recorder
fins
11111
(Space Above This Line Reserved for Recorder's Use Only)
AMENDED DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF PALM DESERT, CALIFORNIA
And
PROSPECT LG, LLC, a California limited liability company
Dated: October 22, 2015
(Ordinance No. 1297 - Case Nos. DA/CZ 15-086)
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CASE NO. DA 15-086
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AMENDED DEVELOPMENT AGREEMENT
THIS AMENDED DEVELOPMENT AGREEMENT ("Amended Agreement") is made and
entered into as of this 22"d day of October, 2015, 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 Prospect LG, LLC, a California limited liability company
("Developer"), pursuant to the authority of Sections 65864 — 65869.5 of the California
Government Code and the applicable provisions of the municipal code of the City of Palm
Desert. The City and the Developer are hereinafter, from time to time, individually referred to
in this Amended Agreement as a "Party" and collectively referred to as the "Parties."
RECITALS
A. These Recitals refer to and utilize certain capitalized terms which are defined in this
Amended Agreement. The Parties intend to refer to those definitions in conjunction with
the use thereof in these Recitals.
B. California Government Code Sections 65864 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 22,
2013, the City enacted by Ordinance No. 1259, amending Municipal Code Section 25, and
including Sections 25.78.060 (the "Development Agreement Ordinance"), which
establishes procedures and requirements for the consideration of development agreements
pursuant to the Development Agreement Legislation.
C. On April, 23, 1998, City and Pacific Assisted Living, Inc. ("Operator") entered into a
Development Agreement ("Original Agreement") for the development of a twenty (20)
unit assisted living facility on the southeast corner of Catalina Way and San Carlos Avenue
commonly known as "Legend Gardens" (the "Assisted Living Facility"). The Assisted
Living Facility is restricted to senior citizen households over 62 years of age and, per the
terms of the Original Agreement, to meet the Affordability Requirements of Section
25.52.030 F of the Municipal Code, two (2) units in the Assisted Living Facility must be set
aside for aged recipients of Supplemented Security Income ("SSI") as administered by the
United States Social Security Administration (the "Original SSI Units"). The maximum
charge for full room, board and care services as offered by the Operator for the Original SSI
Units cannot exceed the maximum applicable SSI benefit less $50.00 per person.
D. As part of this Project, Developer will expand the Assisted Living Facility by acquiring and
merging multiple parcels of land located within the City. Specifically, Legend Gardens,
Inc., a California corporation is the current owner of Assessor's Parcel No. 627-114-011,
Five J's, LLC, a California limited liability company is the current owner of Assessor's
Parcel No. 627-114-010, Mildred M. Sutherland as trustee of The Mildred M. Sutherland
Living Trust U/A dated 3/22/95 is the current owner of Assessor's Parcel No. 627-114-005,
and Jay L. Emery and Delora Emery are the current owners of Assessor's Parcel No. 627-
114-006, all of which shall collectively be referred to herein as "Current Owner
Properties," which parcels are generally located on the south side of Catalina Way, between
San Carlos Avenue and San Pascual Avenue. The Current Owner Properties will be merged
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into one parcel ("Project Property") pursuant to a Parcel Map Waiver prior to the
recordation of this Amended Agreement. Developer intends to demolish the existing
detached single-family homes located on a portion of the Project Property in order to expand
the Assisted Living Facility pursuant to the Development Approvals.
E. The Developer has applied for precise plan, change of zone, and development agreement
amendment approvals pursuant to Chapter 25.72.030 and Chapter 25.78.040 of the Zoning
Ordinance, for development of real property within the City's Senior Overlay District which
allows for significant density increases in return for building specialized housing designed
and restricted to residents over age 62 years.
F. Pursuant to Chapter 25.28.020 of the Zoning Ordinance governing development of projects
within the Senior Overlay District, and as a condition of approval, the City requires that a
specified number of units associated with the Project be set aside for lower and moderate
income occupants subject to restrictions necessary to insure the continued occupancy of said
units by lower income and moderate income senior citizen households at an affordable rent.
G. The City has determined that the development of the Project as contemplated by the
Amended 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 the Palma Village Specific Plan and is consistent with the Residential
Multiple Family and Senior Overlay Zoning Districts adopted on October 22, 2015, by
Ordinance No. 1297, affecting the Project Property.
H. City has further determined that entry into this Amended 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, and
development of the Project Property, and implementation of the Palma Village Specific
Plan. The benefits conferred on the City by Developer herein will
(i) insure consistent, comprehensive planning which will result in the development and
expansion of an assisted living facility that is aesthetically pleasing and harmonious
with the Senior Overlay District and surrounding neighborhood;
(ii) provide affordable housing opportunities within the Project boundaries;
(iii)further the development objectives of the City in an 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 Project Approvals and at a rate of
development of its choosing, subject to the terms and conditions contained in this Amended
Agreement.
I. By adopting this Amended 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.
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J. This Amended Agreement has undergone extensive review by the City's staff, the Planning
Commission and the City Council. On its Effective Date, the Amended Agreement will
supersede and replace the Original Agreement in its entirety.
K. To ensure that the intentions of the City and Developer with respect to the Project Approvals
are carried out, the Parties desire voluntarily to enter into this Amended Agreement to
facilitate development of the Project, subject to the conditions and requirements included in
this Amended 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:
AMENDED AGREEMENT
Definitions.
1.1. Defined Terms. Each reference in this Amended Agreement to any of the
following terms shall have the meaning set forth below for each such
term.
1.2. Affordable Rent. The maximum applicable monthly Supplemental
Security Income ("SSI") benefit payable for full room, board and care
services in California (based on non -medical out -of -home care) less Fifty
Dollars ($50.00) per month per person. The Affordable Rent may be
adjusted annually pursuant to the annual SSUSSP Payment Standards
published by the California Department of Social Services. For 2015, the
Affordable Rent shall not exceed $1,095 for single occupancy and $2,240
for double occupancy.
1.3. Affordable Beds. One (1) Memory Care Bed and Nine (9) Assisted
Living Beds to be made available to SSI Recipients at the Affordable
Rent upon completion of the Project and continuously through the term of
this Amended Agreement. The rent for an Affordable Bed may not
exceed the Affordable Rent.
1.4. Amended Agreement. This Amended Development Agreement which
supersedes the originally approved Development Agreement enacted by
the Palm Desert City Council by adoption of Ordinance 867.
1.5. Assisted Living_ Facility. The existing assisted living facility operating as
"Legend Gardens".
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1.6. Assisted Living Bed. One (1) bed within an Assisted Living Unit which
Assisted Living Unit may be single or dual occupancy. For purposes of
clarity, a dual occupancy Assisted Living Unit would include two (2)
Assisted Living Beds.
1.7. Assisted Living Units. Those certain Units included in the existing
Assisted Living Facility and those additional Units to be added as part of
the Project which are designated for assisted living services as shown on
the plan attached hereto as Exhibit B, which Assisted Living Units may
be single or dual occupancy.
1.8. Beds. The total number of beds within all the Assisted Living Units and
Memory Care Units at any given time which may vary whether such
Units are dual or single occupancy.
1.9. Building Ordinances. Those building standards, of general and uniform
application throughout the City and not imposed solely with respect to the
Project 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.
1.10. City Council. The legislative body of the City of Palm Desert.
1.11. Effective Date. The Effective Date of this Amended Agreement shall be
the date that it is recorded in the Official Records of Riverside County,
California.
1.12. Enacting Ordinance. Ordinance 1297, enacted by the City Council on
October 22, 2015, approving this Amended Agreement.
1.13. Existing Land Use Ordinances. The Land Use Ordinances in effect as of
the Effective Date.
1.14. Land Use Ordinances. The ordinances, resolutions, codes, rules,
regulations and official policies of the City, governing the development
of the Project, 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 City Property and Project Property.
Specifically, but without limiting the generality of the foregoing, Land
Use Ordinances shall include City's General Plan, the Palma Village
Specific Plan, the City's zoning ordinance and the City's subdivision
code, but shall exclude the Building Ordinances.
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1.15. Memory Care Bed. One (1) bed in a Memory Care Unit which Memory
Care Unit may be single or dual occupancy. For purposes of clarity, a
dual occupancy Memory Care Unit may have two (2) Memory Care
Beds.
1.16. Memory Care Units. Those Units to be added as part of the Project which
are designated for memory care as shown on the plan attached hereto as
Exhibit B, which Memory Care Units may be single or dual occupancy.
1.17. Ori ing al Agreement. The Development Agreement dated April 23, 1998
between the City and Pacific Assisted Living, Inc. for the development of
the Assisted Living Facility.
1.18. Original SSI Beds. For purposes of the Amended Agreement, four (4)
Assisted Living Beds in the Assisted Living Facility which must be
occupied by aged recipients of Supplemented Security Income ("SSI") as
administered by the United States Social Security Administration
pursuant to the terms of the Original Agreement.
1.19. Project. The existing twenty (20) unit Assisted Living Facility known as
Legend Gardens together with the expansion of the Assisted Living
Facility to include fifteen (15) new assisted living units and twelve (12)
memory care units for a total of forty-seven (47) units, including
associated amenities, care services, and on -site and off -site
improvements, as permitted under and described in the Project Approvals
to be constructed on the Project Property, as the same may hereafter be
further refined, enhanced or modified pursuant to the provisions of this
Amended Agreement. Project is further defined in Section 3.1 hereof.
1.20. Project Approvals. Developer has applied for and obtained various
environmental and land use approvals and entitlements related to the
development of the Project, as described below. "Project Approvals"
shall mean all of the approvals, plans and agreements described in this
section 1.20:
1.20.1 Change of Zone CZ 15-86, approved on October 22, 2015.
1.20.2 Precise Plan PP 15-86, approved on October 8, 2015.
1.20.3 Parcel Map Waiver PMW 15-86, approved on October 20, 2015.
1.20.4 Amended Development Agreement DA 15-86, approved on
October 22, 2015 by Ordinance No. 1297.
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1.20.5 Subsequent Approvals. In order to develop the Project as
contemplated in this Amended Agreement, the Project may require land
use approvals, entitlements, development permits, and use and/or
construction approvals other than those listed in Sections 1.20.1 through
1.20.4, above, which may include, without limitation: development
plans, amendments to applicable redevelopment plans, conditional use
permits, variances, subdivision approvals, street abandonments, design
review approvals, demolition permits, improvement agreements,
infrastructure agreements, grading permits, building permits, right-of-way
permits, lot line adjustments, site plans, certificates of occupancy, parcel
maps, lot splits, landscaping plans, master sign programs, transportation
demand management programs, encroachment permits, and amendments
thereto and to the Project Approvals (collectively, "Subsequent
Approvals"). At such time as any Subsequent Approval applicable to the
Property is approved by the City, then such Subsequent Approval shall
become subject to all the terms and conditions of this Amended
Agreement applicable to Project Approvals and shall be treated as a
Project Approval under this Development Agreement.
1.21. Project Property. The real property which is the subject of this Amended
Agreement as described in Recital D and more particularly described in
Exhibit A.
1.22. Senior Citizen Household. A household consisting of a maximum of two
(2) persons both of whom are over 62 years of age.
1.23. SSI Recipient. A recipient of Supplemental Security Income ("SSI") as
administered by the United States Social Security Administration over the
age of 62.
1.24. Units. The Assisted Living Units and the Memory Care Units
collectively.
1.25. Useful Life of the Project. Effective from the issuance of the final
certificate of occupancy for the Project, it is the greater of thirty (30)
years or the period of time which the Project remains habitable, with
reasonable care and maintenance, as determined by the City.
2. Term; Amendment.
2.1 Term.
The term of this Amended Agreement (the "Term") shall commence on the Effective Date and
shall remain in effect for the Useful Life of the Project.
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2.2 Amendment.
The Parties to this Amended Agreement at their sole discretion and by their mutual written
consent may from time to time amend the provisions and terms of this Amended Agreement and
the Exhibits hereto. Any amendment to this Amended Agreement or the Exhibits hereto as
provided herein shall be effected only upon compliance with the procedures for amendment, if
any, required by the 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 Proiect.
3.1 Project.
(a) The Project is defined and described in the Project Approvals,
which specifies for the purpose of this Amended Agreement all of the following aspects of the
Project:
(i) Maintenance of the Assisted Living Facility including the twenty (20) Assisted Living
Units (including the Original SSI Beds), meal preparation, common dining area,
administrative offices, and comparable services offered by assisted living facilities of
similar size.
(ii) Demolition of two (2) existing detached single-family homes along San Pascual Avenue.
(iii) New construction for the expansion of the Assisted Living Facility including the
construction of new buildings, landscaping, and other site improvements, to
accommodate fifteen (15) new Assisted Living Units, and twelve (12) new Memory
Care Units, for a total of 27 new Units.
(iv) Affordability requirements in accordance with the City's Senior Overlay District as
modified by this Amended Agreement.
(v) Development and operation of the site in accordance with this Amended Agreement, the
City's Senior Overlay District, and the conditions of approval placed on the precise plan
application.
(b) The Parties acknowledge that, as part of the Project Approvals,
and as required by Chapter 25.28.020 of the City's Zoning Ordinance, the Developer is required
to reserve and make affordable ten (10) Units within the Project for low-income and moderate -
income households. Due to the unique range of services provided by the Assisted Living
Facility, and consistent with the Original Agreement, in lieu of the requirements contained in
Chapter 25.28.020, Developer shall have the right to set aside nine (9) Assisted Living Beds and
one (1) Memory Care Bed (which numbers include the four (4) Original SSI Beds) for SSI
Recipients of Senior Citizen Households at a rental charge not to exceed an Affordable Rent.
The Affordable Beds need not be restricted to the same Unit as long as the beds are interspersed
throughout the Project such that a Unit may contain one (1) Affordable Bed and one (1) market
rate Bed; it being acknowledged that it is the number of Beds, not Units, which Developer is
obligated to offer at the Affordable Rent. It is understood that occupants of the Affordable Beds
shall receive identical basic congregate care services as available to other residents of the
Project, whether assisted living services or memory care services.
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(c) Developer shall install sidewalks where the residential driveway
aprons are currently located along Catalina Way and San Pascual Avenue as approved by, and
in accordance with, the City's Public Works Department's standards and policies.
3.3 Proiect Timine: Construction Entitlement.
Developer shall have the vested right to develop the Project in such order and at such rate and at
such times as Developer deems appropriate in the exercise of its business judgment, provided
that Developer is in compliance with the Project Approvals and all conditions contained therein.
City expressly agrees that Developer shall be entitled to apply for 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 Project
Approvals and this Amended Agreement.
3.4 Building Permits and Other Approvals and Permits.
Subject to (a) Developer's compliance with this Amended Agreement, the Project
Approvals, 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).
3.5 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 Amended Agreement, and to the extent
not inconsistent therewith, the Existing Land Use Ordinances, but the procedures for processing
applications for such permits or 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 Project Approvals.
3.6 Effect of Amended Agreement.
This Amended Agreement shall constitute a part of the Enacting Ordinance, as if
incorporated by reference therein in full. The Parties acknowledge that this Amended
Agreement grants Developer the right to develop the Project pursuant to specified and known
criteria and rules as set forth in the Project Approvals 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. The Developer or its successors in interest shall reserve the Affordable Beds as
described herein at an Affordable Rent for SSI Recipients in Senior Citizen Households as set
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forth in this Amended Agreement for the Useful Life of the Project and Developer shall not
change the use of the Project without prior written consent of the City.
This Amended Agreement shall be binding upon the City and Developer and
their 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
Amended Agreement and relying thereupon, the Developer has obtained, subject to the terms
and conditions of this Amended Agreement, a vested right to proceed with its development of
the Project in accordance with the proposed uses of the Project Property, the density and
intensity of development of the Project Property and the requirements and guidelines for the
construction or provision of on -site and off -site improvements as set forth in the Project
Approvals and the Existing Land Use Ordinances, and the timing provisions of Section 3.3, and
the City has entered into this in order to secure the public benefits conferred upon it 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 Amended Agreement is
an essential element in the achievement of those goals.
Developer and City further acknowledge and agree that this Amended
Agreement shall supersede and replace in its entirety the Original Agreement upon the Effective
Date of the Amended Agreement.
3.7 Operating Memoranda.
Developer and City acknowledge that the provisions of this Amended 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 Amended
Agreement in order to effectuate the purpose of this Amended 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 guide implementation of this Amended Agreement 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
Amended 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 Amended Agreement; and in the case of the City, such operating memoranda
may be approved and executed by its 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
Amended Agreement.
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4. Specific Criteria Applicable to Development of the Protect.
4.1 Applicable Ordinances.
Except as set forth in the Project Approvals and subject to the provisions of
Section 4.3 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
new and existing development impact fees, 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 Project Property; (b) Developer shall abide by the
Building Ordinances in effect at the time of such applications; and (c) Developer pay
development impact fees established at the time building permits are issued.
4.2 Anticipated First Response Paramedic Fee.
The City and Developer acknowledge that the City is reviewing the potential of
establishing a First Response Paramedic Fee applicable to senior living, assisted living and
memory care facilities for ambulatory and emergency response. The fee is currently being
studied and will require approval by the City Council either by Ordinance or Resolution. As
indicated in the provisions of 4.1 above, the Developer will be subject to any new fee relating to
the First Response Paramedic Fee established as a part of the development impact fees payable
when building permits are issued and/or a user fees on an annual basis; provided, however,
nothing herein shall require Developer to pay any retroactive development impact fees if the
same are not established as of the time that Developer pulls building permits.
4.3 Amendment to Applicable Ordinances.
Any change to the Existing Land Use Ordinances that conflicts with the Project
Approvals shall nonetheless apply to the Project Property if, and only if (i) it is consented to in
writing by Developer in Developer's sole and absolute discretion; (ii) it is determined by City
and evidenced through findings adopted by the City Council that the change or provision is
reasonably required in order to prevent a condition dangerous to the public health or safety;
(iii) it is required by changes in State or Federal law; (iv) it consists of changes in, or new fees
permitted by, Section 4. l ;or (v) it is otherwise expressly permitted by this Amended Agreement.
In the event that the City coning ordinance is amended by the City in a manner
which provides more favorable site development standards for the Project 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 Amended Agreement. If City agrees, by resolution of the City Council, such new
standards shall become applicable to the Project 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 Project 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
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and City shall agree in the manner above provided to apply such amended new standards to the
Project Property.
4.4 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 Project 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 Project 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.
5. Periodic Review of Compliance.
5.1 Annual Compliance.
In accordance with Govt. Code Section 65865.1, the Director of Community
Development shall review compliance with this Amended Agreement on an annual basis during
the Term of this Amended Agreement. At such annual reviews, Developer and City must
demonstrate their good faith compliance with the terms of this Amended Agreement. Developer
and City agree to furnish such evidence of good faith compliance. In the event that City
reasonably contests the information provided by Developer, City shall have the right to audit the
books and records of the Property at the Developer's expense upon City request to evaluate
compliance with Section 3.1.
5.2 Management Agent.
Developer and/or the Developer's contracted management agent (if Developer has
delegated such duties) shall operate the Project in a manner that will provide decent, safe and
sanitary residential facilities to the occupants thereof, and will comply with provisions of this
Amended Agreement. Upon the written request of the City, the Developer shall cooperate with
the City in the periodic review of the management practices and financial status of the
Affordable Beds in the Project. The purpose of each periodic review will be to enable the City
to determine if the Affordable Beds within the Project are being operated and managed in
accordance with the requirements and standards of this Amended Agreement. Results of such
City review shall be provided to Developer.
6. Permitted Delays; Supersedure by Subsequent Laws.
6.1 Permitted Delays.
In addition to any other provisions of this Amended Agreement with respect to
delay, Developer and City shall be excused from performance of their obligations hereunder
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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 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.
6.2 Supersedure of Subsequent Laws or Judicial Action.
The provisions of this Amended 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 Amended 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 Amended 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 Amended
Agreement. In the event that such challenge is successful, this Amended Agreement shall
remain unmodified and in full force and effect, except that the Term shall be extended, in
accordance with Section 2.1 above, for a period of time equal to the length of time the challenge
was pursued, to extent such challenge delayed the implementation of the project.
7. Events of Default; Remedies; Termination.
7.1 Events of Default.
Developer is in default under this Amended Agreement if one or more of the
following events or conditions occur and the same is not cured within the Cure Period (defined
below) by taking the actions specified in a written notice of default issued by the City ("Event
of Default"):
(i) If a warranty, representation of statement made or furnished by
Developer to City is false or proves to have been false in any material
respect when it was made.
(ii) A finding and determination by the City made following a periodic
review under the procedure provided for in Government Code, Section
65865.1 that upon the basis of substantial evidence Developer has not
complied in good faith with any of the terms or conditions of this
Amended Agreement.
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(iii) Developer's failure to maintain the Project in substantially the same
condition as it exists on the date that City issues the Certificate of
Occupancy with respect to the Project, less ordinary wear and tear, or to
restore promptly in a good and workmanlike manner any building which
may be damaged or destroyed.
(iv) Developer's failure to appear in and defend any action or proceeding
purporting to affect the rights or powers of City under the terms of this
Amended Agreement, and to pay all costs and expenses, including
attorney's fees in a reasonable sum, in any such action or proceeding in
which City may appear.
Any notice of default given hereunder shall specify in detail the nature of the
alleged default and the manner, if any, in which such default may be satisfactorily cured in
accordance with the terms and conditions of this Amended Agreement. With regards to any
default alleging that Developer has not complied with the terms and conditions of this Amended
Agreement, Developer shall have at least thirty (30) days following receipt of the notice of
default (the "Cure Period") to take the specified remedial actions and achieve compliance.
During the time periods 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 Amended
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.
7.2 Remedies.
Upon the occurrence of an Event of Default, the City shall have such rights and
remedies against the defaulting Developer as it may have at law or in equity, including, but not
limited to, the right to terminate this Amended Agreement or seek mandamus, specific
performance, injunctive or declaratory relief, but not the right to damages, except to enforce
payment obligations provided for under the terms of this Amended Agreement. Notwithstanding
the foregoing and except as otherwise provided in Section 8.4 hereof, if either Developer or City
elects to terminate this Amended 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.
7.3 Waiver; Remedies Cumulative.
Failure by a Party to insist upon the strict performance of any of the provisions of
this Amended 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.
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7.4 Effect of Termination.
Termination of this Amended Agreement by one Party due to the other Party's
default shall not affect any right or duty emanating from any approvals, permits, certificates or
other entitlements with respect to the Project Property or the Project which were issued,
approved or provided by the City prior to the date of termination of this Amended Agreement.
If City terminates this Amended 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 Amended Agreement, subject to any
reimbursement obligations of the City. If Developer terminates this Amended Agreement
because of City's default 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 Amended
Agreement. Except as otherwise provided in this Section 7.4, all of the rights, duties and
obligations of the Parties hereunder shall otherwise cease as of the date of the termination of
this Amended Agreement.
If this Amended 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.
7.5 Third Party Actions.
Any court action or proceeding brought by any third party to challenge this
Amended 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.
8. Encumbrances on Property.
8.1 Discretion to Encumber.
The Parties hereto agree that this Amended Agreement shall not prevent or limit
Developer, in any manner, at Developer's sole discretion, from encumbering the Project
Property or any portion thereof or any improvements thereon with any Mortgage or other
security device securing financing with respect to the Project Property. The City acknowledges
that the lenders providing such financing may require certain modifications to this Amended
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.
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8.2 Mortgage Protection.
This Amended Agreement shall be superior and senior to the lien of any
Mortgage. Notwithstanding the foregoing, no breach of this Amended 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 Amended Agreement.
8.3 Mortgagee Not Obligated.
Notwithstanding the provisions of Section 8.1, no Mortgagee will have any
obligation or duty under this Amended Agreement to perform the obligations of Developer 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.
8.4 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 Amended Agreement is in full force and effect and a binding obligation of the
Parties, (ii) this Amended 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.
9. Transfers and Assignments; Effect of Amended Agreement on Title.
9.1 Rights and Interests Appurtenant.
The rights and interests conveyed as provided herein to Developer benefit and
are appurtenant to the Project 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:
(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
Project 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 Amended
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Agreement, the exercise, use and enjoyment thereof shall continue to be subject to the terms of
this Amended Agreement to the same extent as if the purchaser, transferee or assignee were
Developer hereunder.
9.2 Covenants Run with Land.
(i) All of the provisions, agreements, rights, powers, standards,
terms, covenants and obligations contained in this Amended 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 Project
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;
(ii) All of the provisions of this Amended 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 Project
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 Developer
during its ownership of the Project 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.
10. 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:
c/o Prospect Companies
153 S. Sierra Avenue, Suite 173
Solana Beach, CA 92075
Attention: Mr. Mark Hellickson
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 Amended Agreement
shall be deemed given, received, made or communicated on the date personal delivery is
affected or, if mailed, on the delivery date or attempted delivery date shown on the return
receipt.
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11. Indemnification.
11.1 Developer's Obligation.
Developer will defend, indemnify and hold the City and its elected officials,
officers, employees, agents and volunteers 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 of Developer which arises from the development of the Project 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 it is required to take as provided in this
Amended Agreement; (iii) any action taken by Developer which it is prohibited from taking as
provided in this Amended Agreement and (iv) any claim which results from any willful or
negligent act or omission of Developer. Anything contained herein notwithstanding, City shall
be responsible for 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 or is caused by City's own negligent acts or omissions or intentional
conduct, and not caused to any extent by Developer's negligent acts or omissions or intentional
conduct.
In the event of any administrative, legal or equitable action instituted by a third
party challenging the validity of any provision of this Amended Agreement, the procedures
leading to its adoption, or the Project Approvals for the Project, Developer and City each shall
have the right, in its sole discretion, to elect whether or not to defend such action. Developer, at
its sole expense shall defend, indemnify, and hold harmless the City (including its agents,
officers and employees) from any such action, claim, or proceeding with counsel chosen by the
City, subject to Developer's approval of counsel, which shall not be unreasonably denied, and at
Developer's sole expense. If the City is aware of such an action or proceeding, it shall promptly
notify Developer and cooperate in the defense. Developer upon such notification shall deposit
with City sufficient funds in the judgment of City Finance Director to cover the expense of
defending such action without any offset or claim against said deposit to assure that the City
expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively
cooperate in defending said action and to execute a joint defense and confidentiality agreement
in order to share and protect information, under the joint defense privilege recognized under
applicable law. As part of the cooperation in defending an action, City and Developer shall
coordinate their defense in order to make the most efficient use of legal counsel and to share and
protect information. Developer and City shall each have sole discretion to terminate its defense
at any time. The City shall not settle any third party litigation of Project Approvals without
Developer's consent, which consent shall not be unreasonably withheld, conditioned or delayed.
11.2 Environmental Assurances.
Both Parties agree to indemnify and hold the other Party and its elected officials,
its officers, employees, agents and volunteers, as may be applicable, free and harmless from any
liability deriving from the execution or performance of this Amended Agreement, based or
asserted upon any act or omission of either Party, its officers, agents, employees, contractors,
subcontractors and independent contractors for any violation of any federal, state or local law,
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ordinance or regulation relating to hazardous or toxic materials, industrial hygiene, or
environmental conditions created by the other Party or its officers, agents or employees,
contractors, subcontractors and independent contractors after the Effective Date on or under the
Project Property, including, but not limited to soil and groundwater conditions, and each Party
shall defend, at its expense, including attorneys fees, the other Party and its elected officials,
employees, agents and volunteers, as applicable, in any action based or asserted upon any such
alleged act or omission. Either Party may in its discretion participate in the defense of any such
action. The provisions of this Section 11.2 shall survive the termination or expiration of this
Amended Agreement.
12. Miscellaneous.
12.1 Relationship of Parties.
The Parties specifically acknowledge that this Amended Agreement is a contract that has been
negotiated and knowingly and voluntarily entered into by the City and Developer and that the
Developer is an independent contractor and not an agent or partner of the City. The Parties
further acknowledge that neither Party is acting as the agent of the other in any respect
hereunder and that each Party is an independent contracting entity with respect to the terms,
covenants, and conditions contained in this Amended Agreement.
None of the terms or provisions of this Amended Agreement shall be deemed to create a
partnership between or among the Parties in the business of Developer, the affairs of the City, or
otherwise. City and Developer hereby renounce the existence of any form of joint venture or
partnership between them, and agree that nothing contained in this Amended Agreement or in
any document executed in connection with this Amended Agreement shall be construed as
making the City and Developer joint venturers or partners. The only relationship between the
City and Developer is that of a governmental entity regulating development and the Developer
of the Project Property and developer of the Project.
12.2 Consents.
Unless otherwise herein provided, whenever approval, consent, acceptance or
satisfaction (collectively, a "Consent") is required of a Party pursuant to this Amended
Agreement, it shall not be unreasonably withheld or delayed. Unless provision is otherwise
specified in this Amended 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 Amended 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.
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12.3 Not a Public Dedication.
Except as otherwise expressly provided herein, nothing herein contained shall be
deemed to be a gift or dedication of the Project 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 Amended
Agreement be strictly limited to and for the purposes herein expressed for the development of
the Project as private property.
12.4 Severability.
If any term, provision covenant or condition of this Amended Agreement shall be
determined invalid, void or unenforceable by judgment or court order, the remainder of this
Amended Agreement shall remain in full force and effect, unless enforcement of this Amended
Agreement as so invalidated would be unreasonable or grossly inequitable under all the relevant
circumstances or would frustrate the purposes of this Amended Agreement.
12.5 Exhibits.
Each reference to a Section or Exhibit in this Amended Agreement shall mean
the sections of this Amended Agreement and the exhibits attached to this Amended Agreement,
unless the context requires otherwise. Each such exhibit is incorporated herein by this reference.
12.6 Entire Agreement.
This written Amended 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 Amended Agreement and the Exhibits hereto, any
prior correspondence, memoranda, agreements, warranties or representations are superseded in
total by this Amended Agreement and Exhibits hereto.
12.7 Governing Law; Construction of Agreement.
This Amended 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 Amended 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 and subsection hereof are included only for
convenience of reference and shall be disregarded in the construction and interpretation of this
Amended Agreement. Wherever required by the context, the singular shall include the plural
and vice versa.
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12.8 Signature Pages.
The signatures of the Parties of this Amended Agreement may be executed and
acknowledged on separate pages which, when attached to this Amended Agreement, shall
constitute this as one complete agreement.
12.9 Time.
Time is of the essence of this Amended Agreement and of each and every term
and condition hereof.
12.10 Prevailing Party's Attorney's Fees and Costs.
If any Party to this Amended 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 dispute or in enforcing or
establishing its rights hereunder.
12.11 Incorporation of Recitals.
The Recitals and all defined terms set forth herein are hereby incorporated into
this Amended Agreement as if fully and completely rewritten.
12.12 Third Party Beneficiaries.
This Amended Agreement is made and entered into for the sole protection and
benefit of Developer and the City and their successors -in -interest, heirs and assigns. No other
person or entity shall have any right of action based upon any provision in this Amended
Agreement.
12.13 Interpretation.
This Amended Agreement is the product of mutual negotiations and participation
by both the City and Developer. For purposes of construing the meaning or effect of this
Amended Agreement, or any portion hereof, it shall be presumed this Amended Agreement was
drafted by both Parties and not as if it had been prepared by one Party or the other. Each Party
to this Amended Agreement specifically acknowledges that it had sufficient opportunity to
review the Amended Agreement, confer with its separate legal counsel regarding the meaning
of this Amended Agreement and any provision contained herein, and negotiate revisions to this
Amended Agreement. Each Party relies solely upon its own judgment and the advice of its
counsel in interpreting the provisions of this Amended Agreement and is not relying on any
representation, interpretation, presumed assent, or implied agreement of the other Party which is
not expressly contained in this Amended Agreement. Accordingly, neither Party shall use or
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rely upon California Civil Code Section 1654 in order to interpret any uncertainty in the
meaning of this Amended Agreement.
IN WITNESS WHEREOF, the Parties have executed this Amended Agreement
as of the date and year first above -written.
DEVELOPER:
Prospect LG, LLC, a California limited liability company
By: Mark Hellickson, Manager
CITY:
CITY OF PALM DESERT, CALIFORNIA, a municipal corporation organized and existing
under the laws of the State of California
By: - NL W_al`
Susan Marie Weber, Mayor
y:
City l�ttorney�- Rob t t Hargreaves
Bes'-.1Y
Best Kreiger LLP
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of 44vefside 5;w4 nt Efc
On SANUAV41 Y 2-01 b , before me, L/V1L, H h}, T.AkL-I'1VL , a Notary Public,
personally appeared ) 2 1' , who proved to me on the basis of
satisfactory evidence to be the person(-'] whose name sr subscribed to the within instrument and
acknowledged to me th he -�+-executed the same it ti ntefk r authorized capacity{�s-), and
that b signature(Von the instrument the person( �j; or the entity upon behalf of which the
person(s) acted, executed thelinstrument. ((
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.
Signature a—'7�
LEIGH H. PALMER
Commis n No. 2020968 n
v NOTARY PUBLIC - CAUFORNIA
SAN DIEGO COUNTY
Commission Expires April 20, 2017
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Riverside
On M00-CiI )Q, W' , before me, /'�) - C,• �t ►ChEZ , a Notary Public,
personally appeared Swsav I Marie i 4&r , who proved to me on the basis of
satisfactory evidence to be the person(ss() whose name(i) is/ate subscribed to the within instrument and
acknowledged to me that M/she/they executed the same in lyls/her/tbtir authorized capacity(iet), and
that by his/her/tVeir signature(s) on the instrument the person(o, or the entity upon behalf of which the
person( 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.
Signature
72500.00011\1
M. ffiG. SANCHEZ
Commission # 2084254
Z .'� Notary Public - California i
Z Riverside County D
My Comm. Expires Oct 29 2018
-6929.1 23
P606-001 -- 1786943.1
EXHIBIT A
PROJECT PROPERTY
THE LAND REFERRED TO IS SITUATED IN THE CITY O FPALM DESERT, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
LOT 1:
PARCELS 1 AND 2 R PARCEL MAP 11390, IN THE CITY OF PALM DESERT, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 58,
PAGE 75 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
TOGETHER WITH THE WEST HALF OF LOT 23 OF PALMA VILLAGE GROVES, AS
SHOWN BY MAP ON FILE IN BOOK 20, PAGE 51 OF MAPS, RECORDS OF SAID
COUNTY OF RIVERSIDE;
EXCEPT THE SOUTH 85.50 FEET;
ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF PALM DESERT BY
DEED RECORDED AUGUST 10, 1998 AS INSTRUMENT NO. 333543 OF OFFICIAL
RECORDS OF SAID COUNTY OF RIVERSIDE.
THAT ABOVE DESCRBIED PARCELS CONTAINS 70,257 SQUARE FEET, MORE OR
LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND EASEMENTS OF
RECORD.
ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND
MADE PART HEREOF.
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CATALINA WAY
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