HomeMy WebLinkAboutORD 1320ORDINANCE NO. 1320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF, PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT FOR MARRIOTT SHADOW RIDGE (DA 98-
1) LOCATED AT 9003 SHADOW RIDGE ROAD
CASE NO: DA 98-1, Amendment No. 1
WHEREAS, the precise plan for the Marriott Shadow Ridge project was originally
approved subject to conditions by the City Council on November 12, 1998, pursuant to
Resolution No. 98-108; and
WHEREAS, the original project approval was processed pursuant to a Mitigated
Negative Declaration of Environmental Impact, which was certified November 12, 1998;
and
WHEREAS, the City Council did, at their meeting on December 10, 1998,
approve Development Agreement DA 98-1 (adopted as Ordinance No. 888) with
Marriott Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and
WHEREAS, the Planning Commission did, at their meeting on February 17,
2015, approve a two-year term extension for DA 98-1 through December 2020; and
WHEREAS, the Planning Commission did, at their meeting on February 21,
2017, hold a duly noticed public hearing to consider the request for approval of an
extension to DA 98-1, Amendment No. 1 to extend the development agreement term
through December 10, 2030, and did recommend approval of said request to the City
Council by its Resolution No. 2689; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, in that the action to extend the Development Agreement will
only extend the term of the build -out and will not extend any environmental impacts and
is not subject to further environmental review; and
WHEREAS, at said public hearing on the 23`d day of March 2017, City Council
heard and considered all testimony and arguments of interested persons regarding the
request by Marriott Ownership Resorts, Inc., for approval of the DA 98-1, Amendment
No. 1; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for
approval of the City Council in this case.
2. That DA 98-1 Exhibit "A" attached hereto is hereby approved.
ORDINANCE NO. 1320
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on this 13th day of April 2017, by the
following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
JAN C. HARNIK, MAYOR
11
one
Now
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sum
2
ORDINANCE NO. 1320 EXHIBIT "A"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Clerk
SPACE ABOVE: TIIIS LINE': FOR RECORDER'S [ISF.
Exempt from Recording Fees pursuant to California Government Code Section 6103.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DA 98-1 ("First
Amendment") is made and entered into as of the — day of 2017 (the "Effective
Date"), by and between the CITY OF PALM DESERT, a municipal corporation ('`City") and
MARRIOTT OWNERSHIP RESORTS, INC., a Delaware corporation ("Developer") and is
made with reference to the background facts and circumstances set forth in the Recitals below.
RECITALS
A. On December 10, 1998, the City and Developer did enter into Development
Agreement DA 98-1 (adopted as Ordinance No. 888) ("Development Agreement") for Marriott
Shadow Ridge, a timeshare development:
B. On February 17, 2015, the Planning Commission did approve a two-year term
extension for DA 98-1 through December 2020. That extension was not memorialized in an
amendment to the Development Agreement;
C. As acknowledged in Section 7.4 of DA 98-1, it was difficult to "predict when or
the rate at which phases of the Property will be developed" and that "such decisions depend upon
numerous factors which are not within the control of the Developer, such as market orientation
and demand, interest rates, absorption completion and other similar factors;"
D. Due to the unprecedented and unanticipated economic conditions facing the
country, further development of the Marriott Shadow Ridge property has not occurred as
originally contemplated;
E. City and Developer agree that continued development of the Marriott Shadow
Ridge property is in the best interests of'City and the Developer;
F. City and Developer now desire to amend DA 98-1 as it applies to Section 5
(Term) to extend the term for an additional 10 years through December 2030;
NOW THEREFORE, in consideration of the above recitals and of the mutual covenants
contained herein, the parties hereto agree as follows:
72500 0001 1 \295719
-1-
01 2
ORDINANCE NO. 1320
1. Term. Section 5 ("Term") of the Development agreement is amended to provide
that the Development Agreement shall expire on December 10, 2030, subject to earlier
termination or extension as provided in the Development Agreement. All other provisions of the
...
Development Agreement shall remain in the same.
IN WITNESS WHEREOF the parties hereto have entered into this First Amendment as
of the date and year first above written.
Developer
MARRIOTT OWNERSHIP RESORTS, INC.
a Delaware corporation
By:
Print Name:
Title:
City
CITY OF PALM DESERT
By: on%
Jan C. Harnik, Mayor
%do
Attest:
Rachelle D. Klassen, City Clerk
City of Palm Desert
Approved as to Form:
By:
Robert W. Hargreaves, City Attorney
City of Palm Desert
man
72500 0001 1 \295719
01 2
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
FOR THE BENEFIT OF THE
CITY OF PALM DESERT
- NO FEE -
6103 OF THE GOVT. CODE
2017-0203101
05/22/2017 08:43 AM Fee: $ 0.00
Page 1 of 8
Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-CountyClerk-Recorder
1III l� �i 17�1'i!i'�I�i'I III
(This Space for Recorder's Use Only)
First Amendment to Development Agreement
Between
City of Palm Desert
a Municipal Corporation
and
Marriott Ownership Resorts, Inc.
a Delaware Corporation
Legal Description of Property
Marriott Shadow Ridge
9003 Shadow Ridge Road, Palm Desert, California
Ordinance No. 1320
(Case No. DA 98-1, Amendment No. 1)
Dated: April 13, 2017
(Title of Document)
466
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL, TO:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: City Clerk
SPACE. ABOVE THIS LINE FOR RECORDER'S USE.
Exempt from Recording Fees pursuant to California Government Code Section 6103.
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
This FIRST AMENDMENTTO DEVELOPMENT AGREEMENT DA 98-1 ("First
Amendment") is made and entered into as of the 131" day of April 2017 (the "Effective Date"),
by and between the CITY OF PALM DESERT, a municipal corporation ("City") and
MARRIOTT OWNERSHIP RESORTS, INC., a Delaware corporation ("Developer") and is
made with reference to the background facts and circumstances set forth in the Recitals below.
RECITALS
A. On December 10, 1998, the City and Developer did enter into Development
Agreement DA 98-1 (adopted as Ordinance No. 888) ("Development Agreement") for Marriott
Shadow Ridge, a timeshare development-
B. On February 17, 2015, the Planning Commission did approve a two-year term
extension for DA 98-1 through December 2020. That extension was not memorialized in an
amendment to the Development Agreement;
C. As acknowledged in Section 7.4 of DA 98-1, it was difficult to "predict when or
the rate at which phases of the Property will be developed" and that "such decisions depend upon
numerous factors which are not within the control ofthe Developer, such as market orientation
and demand, interest rates, absorption completion and other similar factors;"
D. Due to the unprecedented and unanticipated economic conditions facing the
country, further development of the Marriott Shadow Ridge property has not occurred as
originally contemplated;
E. City and Developer agree that continued development of the Marriott Shadow
Ridge property is in the best interests of City and the Developer;
F. City and Developer now desire to amend DA 98-1 as it applies to Section 5
(Term) to extend the term for an additional 10 years through December 2030;
NOW THEREFORE, in consideration of the above recitals and of the mutual covenants
contained herein, the parties hereto agree as follows:
72500.0001 1 \295719
01.2
1. Term. Section 5 (`Term") of the Development agreement is amended to provide
that the Development Agreement shall expire on December 10, 2030, subject to earlier
termination or extension as provided in the Development Agreement. All other provisions of the
Development Agreement shall remain in the same.
IN WITNESS WHEREOF the parties hereto have entered into this First Amendment as
of the date and year first above written.
Developer
MARRIOTT OWNERSHIP RESORTS. INC..
a Del o tion /
B `�
Y
Print Name: QEir k. 51r?egLAAID.
Title: VP a&v64o?mt11r
City
CITY OF PALM DES ,,T
13*.arnik,-ga-yor
Ja
Attest:
Ra elle D. Klassen, Cit Jerk
City of Palm Desert, California
Approved as to Foyer:
Y:
o . Harg eaves, City ttorney
City of Pa -n De ert, C4lifor is
72500.00011\295719 _2_
01.2
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 £a+tfefi-r s
County of CD�(-M'r`rNC-7 )
On J M before me,
Date
Here Insert Name and Title of the Officer
Personally appeared
(Names of signers)
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 signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
fFER S. NIX
ENN1
MY cOMNNSSION t FF VA203
EXPIRES: May 25, 2020
K•• 'Ax
Bonded Thru Notary Pubic Underwriters
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.
L
S* n t o NotaryPublic
72500 01 1 \295719 -3-
01z
State of FLORIDA
County Of Ck-0-jile
Sworn to (or affirmed) and subscribed before me this dad- of
20 by �t �t �- Cher-�a ►� C� ,
«rho is personally known to me or ❑ produced a
as identification, regarding the attached instrument described as:
and to whose signature this notarization applies.
JENNIFER S. NIX if
MY COMMISSION t FF 954M 19
dz EXPIRES: May 25, 2020
1,.• Bonded Thru Notary Public Undwritea
FL-2003-1UR
public signature
notary public printed name
ivvrv.Nota,•FL com provides this form pursuant to Florida Statutes §117.05(13)(a)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL •.
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 May 12, 2017 before me,
Date
personally appeared Jan C. Harnik
M. G. Sanchez. Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
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.
M. G. SANCHEZ
Commission # 2084254 z
Notary Public - California z
z Riverside County D
My Comm. Expires Oct 29, 2018
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNE
Signat
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: First Amendment to Development Agreement (DA 98-1) Marriott Shadow Ridge
Document Date: April 13, 2017 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Jan C. Harnik
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
El Trustee ❑ Guardian or Conservator
CXOther: Mayor
Signer Is Representing: City of Palm Desert
Signer's Name:
C Corporate Officer — Title(s):
❑ Partner — ❑ Limited l=: General
Individual :] Attorney in Fact
1- Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
ORDINANCE NO. 1320
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF. PALM
DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO A
DEVELOPMENT AGREEMENT FOR MARRIOTT SHADOW RIDGE (DA 98-
1) LOCATED AT 9003 SHADOW RIDGE ROAD
CASE NO: DA 98-1, Amendment No. 1
WHEREAS, the precise plan for the Marriott Shadow Ridge project was originally
approved subject to conditions by the City Council on November 12, 1998, pursuant to
Resolution No. 98-108; and
WHEREAS, the original project approval was processed pursuant to a Mitigated
Negative Declaration of Environmental Impact, which was certified November 12, 1998;
and
WHEREAS, the City Council did, at their meeting on December 10, 1998,
approve Development Agreement DA 98-1 (adopted as Ordinance No. 888) with
Marriott Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and
WHEREAS, the Planning Commission did, at their meeting on February 17,
2015, approve a two-year term extension for DA 98-1 through December 2020; and
WHEREAS, the Planning Commission did, at their meeting on February 21,
2017, hold a duly noticed public hearing to consider the request for approval of an
extension to DA 98-1, Amendment No. 1 to extend the development agreement term
through December 10, 2030, and did recommend approval of said request to the City
Council by its Resolution No. 2689; and
WHEREAS, said application has complied with the requirements of the "City of
Palm Desert Procedure for Implementation of the California Environmental Quality Act,"
Resolution No. 2015-75, in that the action to extend the Development Agreement will
only extend the term of the build -out and will not extend any environmental impacts and
is not subject to further environmental review; and
WHEREAS, at said public hearing on the 23d day of March 2017, City Council
heard and considered all testimony and arguments of interested persons regarding the
request by Marriott Ownership Resorts, Inc., for approval of the DA 98-1, Amendment
No. 1; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for
approval of the City Council in this case.
2. That DA 98-1 Exhibit "A" attached hereto is hereby approved.
ORDINANCE NO. 1320
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on this 13th day of April 2017, by the
following vote, to wit:
AYES: JONATHAN, KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
C. HARNIK, MAYOR
ATTEST:
EACH DOCUMENT To vvHlcH THIS CERTIFICATE Is
ATTACHED. IS CERTIFIED TO BE A FULL, TRUE AND
CORRECT COPY OF THE ORIGINAL ON FILE AND ON
RECORD MY OFFICE.
RA LE ELD. K SEN, ITY CLERK Date
CITY OF PALM DESERT, CALIFORNIA-
Q ' ` CACHE . ,c�ssEN, City cIe�c
C)Lt'l C P?r Cal'rfor '
2