HomeMy WebLinkAboutORD 364ORDINANCE NO. 364
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT RELATING TO TERMS
AND CONDITIONS FOR THE MARKETING AND SALE OF
AN APPROVED 352 UNIT CONDOMINIUM PROJECT
GENERALLY LOCATED EAST OF COOK STREET NORTH
OF HOVLEY LANE.
CASE NO. DA-2
WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th
day of March, 1984, hold a duly noticed public hearing and a continued public hearing on
March 22, 1984, to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for
approval of a development agreement specifying the terms and conditions for the
marketing and sale of an approved 352 unit condominium project generally located east of
Cook Street north of Hovley Lane.
WHEREAS, said application has complied with requirements of the "City of Palm
Desert Procedures to Implement the California Environmental Quality Act, Resolution
No. 80-8911, in that the director of environmental services had determined the project has
been assessed in connection with previous approvals and no further documentation is
deemed necessary.
WHEREAS, at said public hearing, upon hearing and considering the testimony and
arguments of all persons desiring to be heard, said city council did find the following facts
and reasons to exist to approve the development agreement.
1. The proposed development agreement is consistent with the General Plan Zoning
Ordinance and specifically implements policies contained within the Housing
Element.
2. The proposed agreement will facilitate the production of housing affordable by
moderate income households.
L 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
commission in this case.
2. That it does hereby approve DA-2 as described in Exhibits "A" for reasons set out
in the staff report and this resolution.
3. The City Clerk is directed to publish this Ordinance once in the Palm Desert
Post, a newspaper of general circulation, published and circulated in the City of
Palm Desert, and shall certify to the passage of adoption of this Ordinance, and
the same shall be in full force and effect thirty (30) days after its adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council of
the City of Palm Desert, California, held on this 12th day of A ril, 1984, by the following
vote, to wit:
AYES: JACKSON, KELLY, PULUQI, AND SNYDER
NOES: NONE
ABSENT: WILSON
ABSTAIN: NONE
WALTER H. SNYDER ayor
ATTEST:
SHEILA R. LIGAN ity Clerk
City of Palm Desert, alifornia
Am.
CITY COUNCIL ORDINANCE NO. 364
EXHIBIT "A"
TAVAGLIONE/PALM DESERT
MODERATE INCOME HOUSING
DEVELOPMENT AGREEMENT
This agreement is made and entered into this 12th day of April, 1984, by and
between the City of Palm Desert, hereinafter referred to as the "CITY" and Nick
Tavaglione Construction Company, hereinafter referred to as the "DEVELOPER" provides:
I. DEVELOPER is owner of certain real property located within the City of
Palm Desert, California, which property is described in "Exhibit All
attached hereto and made a part hereof (hereinafter "PROPERTY").
2. Pursuant to the goals and objectives of the Palm Desert General Plan
Housing Element and provisions of California State Government Code
Section 65915 designed to facilitate the construction of housing
affordable to moderate income households, DEVELOPER has applied and
been granted conditional approval of Tentative Map 19847 and Precise
Plan of Design 27-83 (hereinafter "PROJECT") to construct 352
residential condominium units on the PROPERTY. These approvals
included a 25% density bonus increasing the density from 5 du/ac to 6.25
du/ac.
3. As used herein, "moderate income households" shall refer to families or
individuals whose gross income does not exceed 120% of the Riverside
County median income based upon financial and demographic
information received from the United States Department of Housing and
Urban Development (HUD) or its successor agency. This information is
contained in "Exhibit B" and shall be updated automatically as data is
-1-
k---
CITY COUNCIL ORDINANCE NO. 364
obtained from HUD. If in the future more current data is made available
by the United States Bureau of Labor Statistics or other officially
recognized agencies, the applicant may request amendment to this
AGREEMENT to include this data.
4. State Government Code Section 65915 requires that at least 25% of the
units (hereinafter referred to as "AFFORDABLE UNITS") within the
PROJECT be affordable by moderate income households. Pursuant and
in addition to this requirement, the DEVELOPER hereby agrees to price
100% of the units within Phase I of the PROJECT consistent with the
income limits of moderate income households. This maximum selling
price shall be based upon a monthly payment (mortgage, taxes and
insurances) approximately equivalent to 30% of the maximum gross
monthly income of a moderate income household. This figure shall be
adjusted according to size and type of unit. The following selling
maximum prices shall apply to Phase I of the PROJECT.
- 42 two bedroom two story 991 sq. ft. $68,000
- 16 two bedroom one story 961 sq. ft. $70,000
- 42 three bedroom two story 1288 sq. ft. $78,000
5. Resale Controls:
In an effort to discourage speculation and preserve the affordable nature
of this project, the following resale controls shall be made a part of the
covenant conditions, and restriction of the PROJECT.
a. Resale Price Increase Limitations:
The price increase allowable upon resale of the units subject to this
agreement shall be based upon the increase in the C.P.I. from the
date of the close of escrow of the original sale to the escrow
opening of the resale.
-2-
CITY COUNCIL ORDINANCE NO. 364
If for any reason there is any change in the method of calculation
of the C.P.I., or that price index is no longer published, then
another index generally recognized as authoritative shall be
instituted.
Price increases shall not exceed ten percent (10%) per anum or the
annual increase in the C.P.I., whichever is smaller.
b. Capital Improvement Price Increase Limitations:
A price increase shall be allowed for any capital improvements
installed pursuant to a building permit issued by the City of Palm
Desert, or such capital improvement as distinguished from
maintenance which qualify under the Internal Revenue Code
Section 263.
C. Term of Resale Restriction:
1. When all units in a particular phase are priced within the
affordable limitations set forth in section 4 of this
agreement, resale controls shall apply for a period of two
years.
2. If within a particular phase there exists a price differential
of $5,000 or more between the lower priced 25%
AFFORDABLE UNITS and the 75% remaining units, then the
AFFORDABLE UNITS shall be subject to resale limitation for
5 years. The units priced $5,000 over the affordable level
shall be exempt from resale limitations. When the price
differential is less than $5,000, section 5, c, 1 shall apply.
-3-
I
CITY COUNCIL ORDINANCE NO. 364
d. Enforcement:
1. Prior to the entering into escrow, the seller shall submit a
maximum price proposal to the city for review and approval.
The city's report will become part of the escrow documents.
The city shall receive all escrow documents prior to closing
to certify compliance with this agreement.
6. The marketing program for the PROJECT shall give priority to moderate
income households and shall include the following features:
a. 30 days prior to the opening of each phase, the DEVELOPER shall
advertise and receive applications from eligible moderate income
home buyers. The minimum qualifications shall be:
1. Minimum 2 person household.
2. Maximum income for the following household sizes:
4 persons or less - $30,150 (two bedroom unit)
5-6 persons - $33,900 (three bedroom unit)
3. The unit must be the purchaser's sole permanent residence.
b. If the number of applicants meeting minimum qualifications
exceeds the number of units offered, then the following priorities
shall apply:
I. First time home buyers: Households which have not owned a
home within the last 5 years.
2. Single parent households.
-4-
CITY COUNCIL ORDINANCE NO. 364
C. If 25% of the units within each phase are not sold to the target
group during the pre -opening application period, sufficient units
shall be reserved during the next 90 days to insure that the 25%
moderate income target can be achieved. Units remaining after
this 90-day period may be marketed without restriction other than
price provisions of section 4 and 5 of this agreement.
d. At least 120 days prior to the opening of each subsequent phase, the
DEVELOPER shall submit a price schedule to the CITY consistent
with the requirements of this AGREEMENT. A minimum of 25% of
the units in each phase must conform to HUD moderate income
guidelines.
e. The DEVELOPER agrees to allow the city to audit DEVELOPER'S
records to determine that terms of this AGREEMENT are being
complied with.
7. The DEVELOPER shall not discriminate on the basis of race, creed, sex,
national origin or age.
8. The terms of this AGREEMENT shall run until all units of the PROJECT
are sold.
9. The provisions of this AGREEMENT shall run with, burden and bind the
DEVELOPER and his successors. The provisions hereof shall be
enforceable by appropriate legal action brought by the CITY. In the
event legal action is brought to enforce any provision hereof, the
prevailing party shall be entitled to reasonable attorney's fees together
with other legally allowable costs.
-5-
CITY COUNCIL ORDINANCE NO. 364
10. This AGREEMENT shall be reviewed by the CITY planning commission
every 6 months, at which time the applicant or his successor shall be
required to demonstrate good faith compliance with the terms of the
AGREEMENT. If as a result of this review the commission finds and
determines on the basis of substantial evidence that the applicant has
not complied in good faith with terms or conditions of the AGREEMENT,
it shall recommend to the city council that the AGREEMENT be
modified or terminated. If the city council concurs with the planning
commission recommendation, the AGREEMENT shall be modified or
terminated. Proceedings before the city council shall be a noticed public
hearing. If at the time of the hearings substantial improvements have
not yet occurred on the site, termination of the AGREEMENT will also
involve revocation of all previous approvals and permits associated
herewith. If substantial improvements are already in place and
modifications acceptable to the CITY cannot be negotiated, then
enforcement of provisions of this AGREEMENT shall be pursued through
legal action per No. 8 of this AGREEMENT.
11. The AGREEMENT shall be construed according to the laws of the State
of California. If any portion of the AGREEMENT is for any reason held
to be unenforceable, such determination shall not affect the validity of
the remaining portions.
12. Each of the parties hereto covenants and agrees that it has the legal
capacity to make the AGREEMENTS herein contained, that each such
AGREEMENT is binding upon that party and that this AGREEMENT is
executed by a duly authorized official acting in his official capacity.
CITY COUNCIL ORDINANCE NO. 364
IN WITNESS WHEREOF the parties have executed this Agreement the year
and date first above written.
(Notarized)
ATTEST:
THE CITY OF PALM DESERT
By
NICK TAVAGLIONE CONSTRUCTION
By
-7-
CITY COUNCIL ORDINANCE NO. 364
TrVf,GLI011E/PALi1 DESERT AGREEilEiJ
EXHIBIT A
r
_:• R IV-16527 6 C-RWJ
DESCRIPTION:
IN THE CITY OF PALM DESERT, COUNTY OF RIVERST-DE, STATE OF CALIFORNIA
DESCRIBED AS FOLLOWS:
TENTATIVE TRACT 13407-4, BEING A DIVISION OF:
PARCEL A
PARCEL 2 OF PARCEL MAP NO. 13,406, AS SHOWN BY PARCEL MAP ON
FILE IN SOOK 64 PAGES 66, 67 AND 68 OF PARCEL MAPS, RECORDS
OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND;
THAT PORTION OF SECTION 10, TOWNSHIP 5 SOUTH, RAMGE 6 EAST,
SAN BERNARDINO BASF. A2 D MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 10;
THENCE
SOUTH 89 DEGREES
45'
25" WEST,
ALONG THE NORTH
LINE OF
THE SOUTHWEST QUARTER OF SAID
SECTION,
1140..12 FEET;
THENCE
SOUTH 25 DEGREES
44'
03' WEST,
578.44 FEET;
THENCE
SOUTH 64 DEGREES
15'
57 • EAST,
108.67 FEET;
THENCE
ITOPTH 25 D::GREES
44'
C3" EAST,
23.33 FEET;
THENCE
SOUTTI 64 DZ:GREES
15'
57" EAST,
41.00 FEET;
THENC.'
NORTH 25 D GREES
44'
03" EAST,
51.79 FEET;
THENCE
SOUTH 64 DEGREES
15'
57" EAST,
63.10 FEET, TO THE
BEGINNING
OF TANGENT
CURVE, CONCAVE TO
THE SOUTHWEST AND HAVING A
RADIUS
OF 615.00
FEET;
THENCE
SOU HEAST .RLY
ALONG
SAID CURVE ON ARC DISTANCE
OF 1136.83
FEET TO
A TANGENT LINE;
THENCE
SOUTH 46 DEGREES
51'
35" EAST,
104.59 FEET;
THENCE
NORTH 43 DEGREES
08'
25' EAST,
9.83 FEET;
THENCE
NORTH 89 DEGREES
45'
26" EAST,
930.23 FEET, TO
THE EAST
LINE OF
THE SOUTHWEST QUARTER
OF SAID
SECTION 10;
THENCE
NORTH 0 DEGREES
04' 21' EAST, 717.00 FEET, TO
THE _mQINT
OF BEGINNINC;
ALSO EXCEPTING THEREFROM LOTS 1 THROUGH 106 AND COMMON LOT "A"
OF TRACT 13407-1, AS SHOWN BY MAP ON FILE IN BOOK 103 :?AGES
69 TO 72, INCLUSI'7v,, OF "TAPS, RECORDS OF RIVERSIDE COUNTY, C_4LIFCR-
uIA.
-8-
CITY COUNCIL ORDINANCE NO. 364
TAVAGLIOi;E'/PAL.'-; DESK... AGREEi TENT
S S A M E R
c
PARCEL 'B:
EXHIGIT A
RIV-16S2760—RWJ
THAT PORTION OF SECTION 10, TOWNSHIP 5 SOUTH, RANGE 6 EAST,
SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SAID SECTION 10;
THENCE SOUTH 99 DEGREES
45' 260 WEST,
ALONG THE NORTH LINE OF
THE SOUTHWEST QUAITER 7F SAID SECTION,
1140.12 FEET;
THENCE SOUTH 25 DEGREES 44'
03' WTST,
578.44 FEET;
THENCE SOUTH 64 DEGREES 15'
57' EAST,
108.67 FEET;
'rEENCE NORTH 25 DZr,Rr.ES 44'
03' EAST,
23.33 FEET;
THENCE SOUTH 64 DEGREES 15'
57' EAST;
41.00 FEET;
THENCE NORTH PIS DEGREES 44'
03' EAST,
51.79 FEET;
THENCE SOUTH 64 DE•GRF.ES 15'
57' EAST,
63.10 FEET, TO THE
BEGINNING
OF A TANG.711 CURV?, CONCAVE
TO THE SOUTHWEST AND HAVING
A RADIUS
OF 615.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE ON ARC DISTA14CE
OF 186.83
TO A TANGENT LINE;
TH%MCE SOUTH 46 Dc^.CRESS 51'
35' EAST,
104.59 FELT;
THENCE NORTH 43 DEGREES 08'
250 EAST,
8.83 FEET;
TH."-TCF. NORTH 89 DECREES 45'
26' EAST,
930.23 FEET, TO
THE EAST
LINE OF THE SOUTH°AFST QUARTER
OF SAID
SECTION 10;
THMTCE NORTH 0 DEGREES 04'
21' EAST, 717.00 FEET, TO
THE POINT
OF BEGINNING.
PLAT ATTACHED/PC/SAT.
v 01 2W
no or fh&-s Ldme
ORDINANCE NO. 364 � op sus 2 '=
door Almi
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING J"EcFIVCD FOR RECORD
DEVELOPMENT AGREEMENT RELATING TO TERMS Al 9:00 O'CLOCK AAL
AND CONDITIONS FOR THE MARKETING AND SALE OF "s Ni°Y6M Of
AN APPROVED 3S2 UNIT CONDOMINIUM PR03ECTTtuues CONTINENtAL T= C%
GENERALLY LOCATED EAST OF COOK STREET NORTH soot' 1984- ftv 1=713
OF HOVLEY LANE. JUK 1 104
CASE NO. DA-2 ,e,c„e,er•awNxoerl,
u nK-+a ct:w. Guxw
.:
. utordcr
WHEREAS, the City Council of the City of Palm Desert, California' U1 /�on e
day of March, 1994, hold a duly noticed public hearing and a continued public hearing on
March 22, 1984, to consider a request by TAVAGLIONE CONSTRUCTION COMPANY for
.,approval of a developme; agreement specifying the terms and conditions for the
marketing and sale of an approved 332 unit condominium project generally located east of
Cook Street north of Hovley Lane.
WHEREAS, said application has compiled with requirements of the "City of -Palm
Desert Procedures to Implement the California Environmental Quality Act, Resolution
No. 80r89", In that the director of environmental services had determined the project has
been assessed In connection with previous approvals and no further documentation Is
deemed necessary.
WHEREAS, at said public hearing, upon hearing and considering the testimony and
arguments of all persorns desiring to be heard, said city council did find the following facts
and reasons to exist to approve the development agreement.
1. The proposed development agreement Is consistent with the General Plan Zoning
Ordinance and specifically Implements policies contained within the Housing
Element.
2. The proposed agreement will facilitate the production of housing affordable by
Omoderate Income households.
M
�.. 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
commission In this case.
2. That It does hereby approve DA-2 as described In Exhibits "A" for reasons set out
In the staff report and this resolution.
The City Clerk Is directed to publish this Ordinance once In the Palm Desert
Post, a newspaper of general circulation, published and circulated In the City of
Palm Desert, and shall certify to the passage of adoption of this Ordinance, and
the same shall be In full force and effect thirty (30) days after its adoption.
PASSED, APPROVED, and ADOPTED at a regular meet1n& of the City Council of
the City of Palm Desert, California, held on this 12th day of April, 1984, by the following
vote, to wit;
AYES: JACKSON, KELLY, PULUQI, AND SNYDER
NOESs NONE
ASSENT: WILSON
ABSTAIN: NONE
ATTEST:
SH LA R. GILLIGAWIty Clerk
City of Palm Desert, Icallfornia
AM
WALTER H. 5NYDEROMyor
EACH D0CI>11 WTOWHICHTHISCERIIFICATE1b
ATTAC I5CER MWTT08EAFJLt,T9WAND
RRC4RO�O i 0RIQ ft0NFII.FANDOIV
Debt , 18�
i
CITY COUNCIL ORDINANCE NO. 364
EXHIBIT "A"
TAVAGUONE/PALM DESERT
MODERATE INCOME HOUSING
DEVELOPMENT AGREEMENT
This agreement Is evade and entered into this 12tfi day of Aerfl 1984, by and
between the City of Palm Desert, hereinafter referred to as the "CITY" and Nick
Tavaglione Construction Company, hereinafter referred to as the "DEVELOPER" provldess
I. DEVELOPER is owner of certain real property located within the City of
Palm Desert, California, which property Is described In "Exhibit A"
attached hereto and made a part hereof (hereinafter "PROPERTY").
2. Pursuant to the goals and objectives of the Palm Desert General Plan
Housing Element and provisions of California State Government Code
Section 63913 designed to facilitate the construction of housing y}
affordable to moderate income households, DEVELOPER has applied and JI
been granted conditional approval of Tentative Map 19847 and Precise
Plan of Design 27-83 (hereinafter "PROJECT") to construct 332
residential condominium units on the PROPERTY. These approvals
Included a 23% density bonus increasing the density from 3 du/ac to 6.23
du/ac.
3. As used herein, "moderate Income households" shall rater to families of
Individuals whose gross income does not exceed 12096 of the Riverside
County median Income based upon financial and demographic
Information received from the United States Department of Housing and
Urban Development (HUD) or Its successor agency. This Information Is
contained In "Exhibit B" and shall be updated automatically as data is
151!
CITY COUNCIL ORDINANCE NO.364
obtained from HUD. If In the future more currant data is made available
by the United States Bureau of Labor Statistics or other officially
recognized agencies, the applicant may request amendment to this
AGREEMENT to include this data.
4. State Government Code Section 63913 requires that at least 23% of the
units (hereinafter referred to as "AFFORDABLE UNITS") within the
PROJECT be affordable by moderate income households. Pursuant and
In addition to this requirement, the DEVELOPER hereby agrees to price
100% of the units within Phase I of the PROJECT consistent with the
Income limits of moderate Income households. This maximum selling
price shall be based upon a monthly payment (mortgage, taxes and
Insurances) approximately equivalent to 30% of the maximum gross
monthly Income of a moderate Income household. This figure shall be
I
adjusted according to size and type of unit. The following selling
_ maximum prices shall apply to Phase I of the PROJECT.
42 two bedroom two story "I sq. ft. $63,000
- 46 two bedroom one story 961 sq. ft. $70,000
42 three bedroom two story 1289 sq. ft. $73,000
3. Resale Controls:
In an effort to discourage speculation and preserve the affordable nature
of this project, the fallowing resale controls shall be made a part of the
covenant conditions, and restriction of the PROJECT.
a. Resale Price Increase Limltationst
The price increase allowable upon resale of the units subject to this ,
agreement shall be based upon the increase In the C.P.I. from the
date of the close of escrow of the original sale to the escrow
opening of the resale.
-2-
CITY COUNCIL ORDINANCE NO. 364
If for any reason there Is any change In the method of calculatlon
of the C.P.I., or that price Index Is no longer published, then
another Index generally recognized as authoritative shall be
eel
Instituted.
Price Increases shall not exceed ten percent (10%) per arum or the
annual Increase In the C.P.I., whichever Is smaller.
b. Capital Improvement Price Increase Limitations:
A price increase shall be allowed for any capital Improvements
Installed pursuant to a building permit Issued by the City of Palm
Desert, or such capital improvement as distinguished from
maintenance which qualify under the Internal Revenue Code
Section 263.
1
C. Term of Resale Restrictions
When all units In a particular phase are priced within the
affordable limitations set forth In section 4 of this
agreement, resale controls shall apply for a period of two
years.
2. U within a particular phase there exists a price differential
of $5,000 or more between the lower priced 25%
AFFORDABLE UNITS and the 75% remaining units, then the
AFFORDABLE UNITS shall be subject to resale $imitation for
3 years. The units priced $3,000 over the affordable level
shah be exempt from resale limitations. When the price
differential Is less than $3,000, section S, c, I shall apply.
-3-
v
CITY COUNCIL. ORDINANCE NO. 3"
d. Enforcement:
I. Prior to the entering Into escrow, the seller shall submit a
maximum price proposal to the city for review and approval.
The city% report will become part of the escrow documents.
The city shall• receive all escrow documents prior to closing
to certify compliance with this agreement.
6. The marketing program for the PROJECT shall give priority to moderate
Income households and shall Include the following features:
a. 30 days prior to the opening of each phase, the DEVELOPER sha11
advertise and receive applications from eligible moderate Income
home buyers. The minimum qualifications shall bet
h Minimum 2 person household.
i .. 2. Maximum Income for the following household sizes:
4 persons or less - $30,130 (two bedroom unit)
34 persons - $33,900 (three bedroom unit)
3. The unit must be the purchaser's sole permanent residence.
b. If the number of applicants meeting minimum qualifications
exceeds the number of units offered, then the following priorities
"I appiyt
1. First time home buyers: Households which have not owned a
home within the last 3 years.
2. Single parent households.
6
-4-
CITY COUNCIL ORDINANCE NO. 364
C. If 23% of the units within each phase are not sold to the target
group during the pr"penlng appl1catlon period, sufficient units
shall be reserved during the next 90 days to Insure that the 23%
moderate income target can be achieved. Units remaining after
this 90.day period may be marketed without restrtctlon other than
price provisions of section 4 and S of this agreement.
d. At Ieast 120 days prior to the opening of each subsequent phase, the
DEVELOPER shall submit a price schedule to the CITY consistent
with the requirements of this AGREEMENT. A minimum of 23% of
the units in each phase must conform to HUD moderate income
guidelines.
e. The DEVELOPER agrees to allow the city to audit DEVELOPER'S
records to determine that terms of this AGREEMENT are being
complied with.
7. The DEVELOPER shall not disexlminate on the basis of race, creed, sex,
national origin or age.
8. The tams of this AGREEMENT shall run until all units of the PR03ECT
are sold.
9. The provisions of this AGREEMENT shall run with, burden and bind the
DEVELOPER and his successors. The provisions hereof shall be
enforceable by appropriate legal action brought by the CITY. in the
event legal action is brought to enforce any provision hereof, the
prevailing party shall be entitled to reasonable attorney's fees together
with other legally allowable costs.
-5-
CITY COUNCIL ORDINANCE NO.30
10. This AGREEMENT shall be reviewed by the CITY planning commission
every 6 months, at which time the applicant or his successor shall be
required to demur strate good faith compliance with the terms of the
AGREEMENT. If as a result of this review the commission finds and
determines on the basis of substantial evidence that the applicant has
not complied In good faith with tams or conditions of the AGREEMENT,
It shall recommend to the city ounci that the AGREEMENT be
modified or terminated. If the city council eoneurs with the planning
commission recommendation, the AGREEMENT shall be modified or
terminated. Proceedings before the city council shall be a noticed public
hearing. If at the time of the hearings substantial improvements have
not yet occurred on the site, termination of the AGREEMENT will also
Involve revocation of all previous approvals and permits associated
herewith. If substantial improvements are already In place and
_ modifications acceptable to the CITY cannot be negotiated, then
enforcement of provisions of this AGREEMENT shall be pursued through
legal action per No. 3 of this AGREEMENT.
It. The AGREEMENT shall be construed according to the laws of the State
of California. It any portion of the AGREEMENT Is for any reason held
.. to be unenforceable, such determination shall not affect the validity of
the remaining portions.
12. Each of the parties hereto covenants and agrees that It has the legal
capacity to make the AGREEMENTS herein contained, that each such
AGREEMENT is binding upon that party and that this AGREEMENT is
executed by a duty authorized official acting In his official capacity. ,
.b-
CITY COUNCIL ORDINANCE NO.364
IN WITNESS WHEREOF the parties have exeouted this Agreement the year
and date first above written.
THE CITY OF PALM DESERT 1.
WO—
Nwpf � is l_a .a�!� M F
By
NICK TAVAGI.IONE CONSTRUCTION
r
(Notarized) B
ATTESTt
Sf^lf OF CnuFOgNr�iveCside'
q COUNTY Os
E On April 25. 1484 S.
twla�nw IMundoraK
& said slaln.naraon■lty.yprrarad Nick Tavaglione
h
Pa•adrudiy known to nu (In Pronrd In me IMI the tYIS•f y< 1126
' K I
I taClpyowdl.nfalloiMtM pPr►��lmwhotr n:IrM�r f'n .,r•w
t athtwd to tho within rmtrumont and achnuM.htpnd I.r I-$ • 1h•1 NOT
f hOffhUthoyfaKutfd Ifto"Mo W
WITNESS my hand andeNklal aatl t��tt
CITY COUNCIL ORDINANCE NO.3"
TP.L'kGZlOitl;/PQL7t DESERT AGRcE+1ENT
EXHIBIT A
_ t ♦ V 1. M I
•••.w' ,•.r AIv-163Z'J60—R�tJ
DL�'SCRIPTZON:
IN THE CITY OF PALM DESERT, COUNTY OF RIVERSZDE, STATE OF CALMRNZ,
DESCRIBZD AS FOLLOWS:
TENTATIVE TRACT 13407-4. BEING A DIVISION OF:
PARCEL A:
PARCEL 2 OF PARCEL MAP NC. 3.3.406. As SHOWN BY PARCEL MAP ON
FILE IN BOOK 64 PAGES 61i, 67 AND 68 OF PARCEL MAPSa, 81=02DS
OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPTING TRERBFROM THE FOLLOWZNG DESCRIB$D PARCEL OF L&SDt
THAT PORTION OF SECTION 10, TOWNSHIP 3 SOUTH, RANGE 6 EAST,
SAN BERNARDINO 1,414E AND MERIDIAN• DESCRIBED AS FOLLOWS1
B8GXVN ING AT THE CENTER OF SAID SECTION 103
THENCE SOUTH 89 D60REER 45' 268 V ST, ALONG THE NORTH LINE QF
THE SOC W?MT QUARTER OF SAID SECTION, L140.12 FEET:
THENCE SOUTH 25 D90REE3 44' 030 NEM 578.44 FEET$
THMICE SOUTH 64 n$GREES I5' 970 EAST, 109.67 FEET:
THENCE NORTH 23 D=RZZS 44' 030 EAST. 23.33 YZET:
T$ENC_ SOtTTU 64 DZIREES LS' 37+ EAST, 41.00 FEETS
THENCE NORTH 25 DEGREES. 44' 03' EAST. $1.79 FZ'ET7
THl2NCE SOUTH 64 DEGREES 13' 370 EAST, 63.10 BEET. TO THE BEGINNING
OF TAITOMIT CU7tVE, CONCAVE TO TUX SOUTSWEST AND HAVZNG A RADIUS
OF 613.00 FEET:
THMICE SOGTHEAST$RLY ALONG SAID CURVE ON A4lC DISTANCE OF 186.83
FEE:' TO A TANGENT LINE:
THENCE SOUTH 46 DEGREES $1' 350 PAST. 104.59 !'SET)
THM"CE "RTH 43 D94VZE5 08' 25' EAST, 9.83 FZETI
THENCE NORTH 09 DEGREES 45' 26• EAST, 930.23 FEET. TO THE EAST
LINE OF TIE SOUTVJ= QUARTER OF SA2D SECTION 101
THENCE NORTH 0 DEGREES 04' 21- EAST, 717.00 FEET, TO THE POINT
OF BEGZNvxV07
ALSO EXCEPTING THEREFROM LOTS 1 THROUGH 106 AND COMMON LOT who
OF TRACT 13407-1, AS SHOWN BY MAP ON FILE IN BOOT[ 103 PAGES
6'3 V) '13, ZNCLUSTV$, OF TAPS, RECORDS OF RIVERSIDE COUNTY, CALIFOA
IIA.
41-
,1J1•4T Y•V.•.•?IC�•`J.Q.F,••!I.`�I • � •J.• .r/►.Y.•�1N.�:iL �.: {y�y.r q.i•. ..•...Y Vy..t �i• .� r:/.q��A\+4:J •.. �• :V.hJ�'1.�1•wMl. .sue
CITY CMCIL ORDINANCE NO. 354
r.
TAVAGLIONE/PAW DESL... AMEEMIT
�+s %"tR,oy ,.� EXHIBIT A N
.PASkSm st
THAT PORTION OP SECTSOR LOA TOWNSHIP S 80=0 RANGE 6 EAST,
SAN 9E2NARDINe HASffi A" MRSt.TDIAN, DZSCRISSD AS POLLONSt
SZOINR2NO AT THE CENTER OP SAID S=TY01t 101
T88UCE SOUTH 49 0EalM'1.S 45' 2410 WE * ALONG 118E NORTH LIYZ OF
THE SOUTHWEST COA27ER OF SAID SWTXOV p 1140.32'31=1
TEXECE SOUTH 25 DECREZS 446 03' WEST• 578.44 7=3
TH8NC8 SOUTH 64 DWI= 150 S7' EAST, 109.67 P8Z'Ti
THENCE ROM 26 DZ4R8ES 44* 03' EAST, 23.33 BELT1
THENCE SOUTH 64 DSCRZZS-23' 57' EAST; 41.00 8887i
THLITCE NORTH 25 08MUCES 44' 03'' BAST. $1,79 PEET1
THEME SOU:'8 64 DEMM IS' 37' EAST, 63.10 BELT. TO TRH a8G2H zva
AY A TANG:= CU"To COUCAVE TO THE SOMWZST AND HAVING A RADYUS
OF 413.00 88E_' $
THENCE SOMRNASTSRLY ALONG SAID CURVE ON ARC DSSTANC8 OB 186,83
TO A TARGrAw LIM
THWXCE 604T8 46 DBGAESS 3%, 35' EAST, 104.39 Y88Tt
THEttCZ NORTH 43 DSG88ES OA' 250 BAST• 8.83 i'ELTi
THIMACE NORTH 09 DOCRE111 43' 26' BAST, 930.23 PELT, TO THE EbST
LINE OB THE SOUTHWEST QUAS'T'ER OF SAID $BCTSON 101
THZ=Z NORM 0 DEGREES 04' 21' EAST• 717.00 BELT, TO THE POINT
OF HEGMING.
.. . . • • • .
PLAT ATTACBED/PC/SAX
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