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Home My WebLink AboutORD 414ORDINANCE NO. 414 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 A 26 UNIT CONDOMINIUM PROJECT GENERALLY LOCATED AT THE SOUTHEAST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE. Case No. WARD DEVELOPMENT AGREEMENT WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of December, 1984, hold a duly noticed public hearing to consider a request by ROBERT L. WARD for approval of a development agreement specifying the terms and conditions for the marketing and sale of a 26 unit condominium project generally located at the southeast corner of Parkview Drive and Fairhaven Drive; and WHEREAS, the City Council of the City of Palm Desert held additional hearings culminating on March 28, 1985, on said project; 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. 80-89", in that the director of environmental services has determined that the project has been assessed in connection with previous approvals and no further documentation is deemed necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said city council did find the following facts and reasons to exist to approve the development agreement: I.The proposed development agreement is consistent with the City of Palm Desert's General Plan Zoning Ordinance Housing Element and Palm Desert Municipal Code specifically implementing the policies contained therein. 2. The proposed agreement will facilitate the production of housing affordable by moderate income households. 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 council in this case; 2. That it does hereby approve the Ward Development Agreement as described in Exhibit "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 and shall submit the Ward Development Agreement to the county recorder for recordation. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 9th day of May, 1985, by the following vote, to wit: AYES: JACKSON, KELLY, AND SNYDER NOES: BENSON AND WILSON ABSENT: NONE ABSTAIN: NONE 1 , ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California WALTER H. SNYD R, Wyor Am ORDINANCE NO. 414 EXHIBIT "A" WARD DEVELOPMENT AGREEMENT This agreement is made and entered into this 9th day of May , 1985, by and between the City of Palm Desert, hereinafter referred to as the "CITY" and ROBERT L. WARD, hereinafter referred to as the "DEVELOPER" provides: 1. 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 Section 65915 of the California Government Code designed to facilitate the construction of housing affordable to moderate income households, DEVELOPER has applied and been granted conditional approval of Tentative Map 20199, and Precise Plan of Design 84-24a (hereinafter "PROJECT") to construct 26 residential condominium units on the PROPERTY, which include a 25% density bonus. These approvals included a requirement that five of these units be affordable by moderate income households. These five units shall hereafter be referred to as "MODERATE INCOME UNITS," and shall be three bedroom, two bath 1240 square feet with one initial selling price of $78,000. 3. Eligibility and Resale Controls: In an effort to discourage speculation and preserve the affordable nature of the PROJECT, the following buyer eligibility and resale controls shall be made part of the covenants, conditions, and restructions of the PROJECT. a. The MODERATE INCOME UNIT shall be the sole residence of the principal occupant. ORDINANCE NO. 414 b. The maximum annual household income from all sources, shall not exceed $33,900 for the initial buyers purchasing MODERATE INCOME UNITS during the first 120 days of sales program. During this period the DEVELOPER must make a good faith effort to advertise for qualified buyers who meet the $33,900 limit. If after the 120-day period expires and unsold MODERATE INCOME UNITS remain, the annual income limit may be raised to $40,000. Resale buyers shall not be subject to income restrictions. C. Resale price increases shall be limited to percentage increases in the Consumer Price Index (all urban consumer for the Los Angeles -Long Beach Area as published by the Bureau of Labor Statistics), measured from the closing of escrow of the prior sale to the opening of escrow of the resale. d. To be released from these restrictions the seller must have owned the MODERATE INCOME UNIT for at least five years. e. 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. f. The DEVELOPER agrees to allow the CITY to audit DEVELOPER'S records to determine that terms of this AGREEMENT are being complied with. 4. The DEVELOPER agrees to make provision in the CC&R's to limit the occupancy of the units in the PROJECT to one blood related family or no more than three unrelated persons. S. DEVELOPER and his/her successors shall maintain the PROJECT consistent with all original CITY approvals. ORDINANCE NO. 414 6. The DEVELOPER shall not discriminate on the basis of race, creed, sex, national origin or age. 7. The terms of this AGREEMENT shall run for a minimum of 30 years and until all units are released under provision described in Section 3 d. 8. The provisions of this AGREEMENT shall run with, burden and bind the DEVELOPER and his successors and shall be recorded along with the CC&R's for the PROJECT. 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. 9. This AGREEMENT shall be reviewed by the City Planning Commission every six 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 ;he CITY cannot be negotiated, then enforcement of provisions of this AGREEMENT shall be pursued through legal action per No. 8 of this AGREEMENT. 10. 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. ORDINANCE NO. 414 11. 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. IN WITNESS WHEREOF the parties have executed this AGREEMENT the year and date first above written. (Notarized) THE CITY OF PALM DESE B By ROBERT L. WARD By ORDINANCE NO. 414 EXHIBIT "a" WARD DEVELOPMENT AGREEMENT Lots 85, 86, 87, 88, 89, and 90 - Palm Dell Estates, Riverside County, Map Book 21/66. OPTIONAL FORM 175 (FORMERLY FS-69) MARCH 1075 DEPT. OF STATE 30175.101 Certificate A .' c1WS1'_ :; .'1.:%..`'.f;� .1_:-. ecution of an Instrument Pmince of _ Co!,_-n_1,_a C1 Fjf't1i'.;tftr; vf�,. :gs'g",t Cons.;.,-, . . ii of Vpnr ot7��i p :t ..al ICS -------------------- ------------------- (Name of torelin ber.-ice office) I,-__-__ Patrick W. Brennan, -------------- -_- Consul of the United State- of America at Vancouver, B _C _ , Canada ��_ duly commissioned and qualified, do hereby certify that on this 3rd day of June, 1985 br'.fnre me personally appeared -------ROBERT L. WARD ------ to me personally known,, end known o r e to 7c ;lie indiv;dual--described in, whose name ---is _subscribc.' 'o, and ►+ Y.: Pze tee the annexed instrument, and being informed by m o � it c�: „t,n: s of `,c:-::n.. ri, , -r. t _he ____duly acknowledged to me titat_he _.nxec. --jre,V • 7 -iril for the uses and purposes therein mentionet . (SEAT. l In wit-?ess whereof I have hereunto set my hand and day and veyrr last above written. atrick W., Brennan, Consul ' -------- of the United States of Amen*ca NOTE. —Wherever practic-ble all tignamra to a d ,,cument should be included in one certificate. "This documPn ,,-o-ic:' of" 3 ages • coo , u•u o - 24-„e (».o each initialled