HomeMy WebLinkAboutORD 486ORDINANCE NCI 486
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT
AGREEMENT RELATIVE TO A 180 UNIT CONGREGATE CARE
AND 59 BED SKILLED NURSING SENIOR HOUSING
PROJECT.
CASE NO: DA 86-8
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 13th day of November. 1986. hold a duly noticed public hearing to consider
a request by CHARTER COMMUNITIES INC. for approval of a development agreement
concerning management and affordable housing requirements for a 180 bed
congregate care and 59 bed skilled nursing senior housing project on 10.36
acres on the east side of Monterey Avenue, 600 feet north of San Gorgonio Way.
WHEREAS, said application has complied with the requirements of the "City
of Palm Desert Procedures for Implementation of the California Environmental
Quality Act, Resolution No. 80-89", in that the director of community develop-
ment has determined that the project has been previously assessed and a
negative declaration approved.
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 to exit to justify the approval of
said development agreement.
DEVELOPMENT AGREEMENT:
1. The agreement implements affordable senior housing goals of the
General Plan Housing Element and Palma Village Specific Plan.
2. The agreement is consistent with Section 25.37 of the Palm Desert
Zoning Ordinance and 65864 of the State Planning and Zoning Law.
NOW, THEREFORE, BE IT RESOLVED 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 of the commission in this case.
2. That DA 86-8 Exhibit A is hereby approved.
ORD I NANCE WJ 0 486
3. The City Clerk of -the City of Palm Desert, California, is hereby
directed to publish this ordinance in the Palm Desert Post, a
newspaper of general circulation, published and circulated in the
City of Palm Desert, California, and shall be in full force and
effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council, meld on this 11th day of December, 19a6, by the following vote,
to wit:
AYES: CRITES, SNYDER, WILSON & BENSON
NOES: NONE
ABSENT° KELLY
ABSTAIN: NONE
ATTEST:
Q Q��
SHEILA R. GWL.IGAN, Cit/Clerk
City of Palm Desert, C ifornia
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N BENSON, Mayor Pro Tempore
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NAOMI BRUCE
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CITY CLERK'S OFFICE
CITY OF PALM DESERT
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73-510 FRED WARING DRIVE
CITY OF PALM DESERT
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PALM DESERT, CA 92260
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DEVELOPMENT AGREEMENT
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THIS DEVELOPMENT AGREEMENT is entered
into as
of this
Ilth day of
December l9 86 , by and among
the CITY
OF PALM DESERT, a municipal corporation organized and
existing under the laws of the State of California ("CITY");
and CHARTER COMMliNITIES, a California limited partnership
("PROPERTY OWNER").
D Vrl T TAr .0 .
THIS DEVELOPMENT AGREEMENT (hereinafter sometimes
referred to as this "AGREEMENT") is entered into on the
basis of the following facts, understandings and intentions
of the parties:
A. CITY is an incorporated general law city existing
under the laws of the State of California.
B. Government Code, Sections 65864-65869.5, authorize
CITY to enter into binding development agreements for the
development of real property within its jurisdiction with
persons having legal or equitable interests in such real
property.
C. As of the execution of --his AGREEMENT, PROPERTY
OWNER is the owner of the real property lccated within the
CIT`i OF PALM DESERT, more particularly described in Exhibit
A attached hereto, w1nich real property is hereinafter
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~ referred to as the "PROPERTY". In addition, PROPERTY OWNER
has equitable interests in the PROPERTY as of the execution
of this AGREEMENT.
D. PROPERTY OWNER intends to construct on the
PROPERTY a 239 unit senior citizen housing project on 10.36
acres located on the east side of Monterey Avenue, 600 feet
north of San Gorgonio Way (the "PROJECT").
E. PROPERTY OWNER has been conditionally granted
permission by CITY to construct the PROJECT by Precise
Plan/Amended Conditional Use Permit 8S-5 and Change of Zone
85-4.
F. CITY desires to obtain the binding agreement of
PROPERTY OWNER to proceed with development of the PROJECT
under the above set forth applications in accordance with
the conditions and terms set forth in each of said
applications and PROPERTY OWNER desires to obtain the
binding agreement of CITY that CITY will permit PROPERTY
OWNER to construct, develop, use and operate the PROJECT in
accordance with this DEVELOPMENT AGREEMENT, the
aforementioned approvals and the CITY's rules, regulations
and official policies governing permitted land uses,
density, design, improvement, constructions standards and
specifications in force on the effective date of this
AGREEMENT and without requiring PROPERTY OWNER to dedicate
property or construct public improvements or make financial
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H contributions to the CITY in lieu of public improvements,
except as expressly set forth in this AGREEMENT and as may
be contained in any of the approvals referred to in Recital
E hereof.
G. PROPERTY OWNER had applied to the CITY, pursuant
to Government Code, Sections 65864-65869.5, for approval of
this DEVELOPMENT AGREEMENT. The CITY's Planning Commission
and City Council have given notice of hearings on this
DEVELOPMENT AGREEMENT, have conducted public hearings hereon
pursuant to Government Code, Section 65867, and have found
the provisions of this DEVELOPMENT AGREEMENT to be
consistent with the CITY's General Plan.
H. PROPERTY OWNER desires to enter into this
DEVELOPMENT AGREEMENT to give assurance to PROPERTY OWNER,
upon which PROPERTY OWNER can rely, that PROPERTY OWNER can
develop the PROJECT in accordance with the foregoing recited
approvals and pursuant to the terms and provisions of this
DEVELOPMENT AGREEMENT.
I . On Detx m 6eR_ 1 19the City Council
adopted its Ordinance No. q 8 authorizing and
approving this DEVELOPMENT AGREEMENT. Said Ordinance will
become effective on Jg�y� uar�I_/l 19iZ
NOW, THEREFORE, in consideration of the mutual
covenants and agreements contained herein and other good and
valuable consideration, receipt of which is hereby
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acknowledged, the parties do hereby agree as follows:
1. Definitions. In this AGREEMENT, unless the
context otherwise requires:
A. CITY is the City of Palm Desert.
B. PROJECT is the development approved by the
CITY by Precise Plan No. 85-5 and Planning
Commission Resolution 1155, consisting of a 239
unit senior citizen housing project on 10.36 acres
located on the east side of Monterey Avenue, 600
feet north of San Gorgonio Way.
C. PROPERTY OWNER CHARTER COMMUNITIES, a
California limited partnership, which has legal
and equitable interests in the REAL PROPERTY as
described in Exhibit A attached hereto and
includes the PROPERTY OWNER's successors in
interest.
D. REAL PROPERTY is the REAL PROPERTY referred
to in Exhibit A attached hereto and made a Dart
hereof by this reference.
F. "Senior Citizen household" shall mean maximum
two (2) person household of which each member is
62 years of age or older.
2. PROPERTY OWNER represents to the CITY that it owns
the PROPERTY in fee as of the date of execution of this
AGREEMENT.
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3. This DEVELOPMENT AGREEMENT and the obligations of
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the parties hereunder shall be effective as of the effective
date of said Ordinance No. 'To�
4. This AGREEMENT, and all the terms and conditions
hereof, shall be binding upon and inure to the benefit of
the parties and their respective assigns, heirs and/or other
successors in interest.
5. The parties acknowledge that, in entering into and
performing this AGREEMENT, PROPERTY OWNER is acting as an
independent entity and contractor and not as an agent of the
CITY in any respect.
6. All the approvals contained in Change of Zone
85-4, Precise Plan 85-5 and Application for Amended
Conditions Use Permit No. PP 85-5 for all uses permitted
under the R-1 Senior Housing Overlay Zone, as set forth in
Section 25.52 of the Zoning Ordinance of the CITY (whether
such section has or has not been formally adopted and
whether such uses are permitted or excluded under such
section), subject to the conditions set forth in Planning
Commission Resolution No. 1155 are hereby approved by the
CITY and shall be an intearal part of this AGREEMENT.
7. Development and construction of the PROJECT shal1.
take place as follows:
A. Beginning Construction. PROPERTY OWNER
agrees to begin construction of the PROJECT within
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C> one {1) year after the execution of this
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AGREEMENT, provided that all necessary permits,
approvals and financing are obtained.
B. Completion of Project. PROPERTY OWNER agrees
to diligently prosecute to completion the
construction of the PROJECT and to complete
construction within three (3) years after the
actual construction begins, subject to delays
reasonably beyond PROPERTY OWNER's control.
C. Certificates of Occupancy. Promptly after
completion of the PROJECT in compliance with
building and safety regulations and upon. PROPERTY
OWNER's request, the CITY shall provide the
PROPERTY OWNER with a certificate, or certificates
if applicable, of occupancy therefor.
8. CITY will issue to PROPERTY OWNER, upon PROPERTY
OWNER's application therefor, ail necessary final
development permits, building permits, occupancy
certificates and other required permits for the development,
construction, use and occupancy of the PROJECT, subject to
(i) compliance with this DEVELOPMENT AGREEMENT and the
CITY's Code requirements for final development per-mits and
Building Code requirements in force as of the effective date
of this DEVELOPMENT AGREEMENT, and (ii) payment of the
CITY's usual and customary fees and charges for such
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e�1 applications, permits and certificates, and other simi'_ar
fees and charges applicable generally throughout the CITY to
the same activity.
9. PROPERTY OWNER agrees to and shall hold CITY, its
officers, agents, employees and representatives, harmless
from liability for damage or claims for damage for personal
injury, including death, and claims for property damage
which may arise from the direct or indirect operations of
PROPERTY OWNER or its contractors, subcontractors, agents,
employees or other persons acting on its behalf in relation
to PROPERTY OWNER's construction. This hold harmless
agreement applies to all such damages and claims for damages
suffered or alleged to have been suffered by reason of the
operations referred to in this paragraph, regardless of
whether or not CITY prepared, supplied or approved plans or
specifications, or both, and regardless of whether or not
insurance policies are applicable.
10. PROPERTY OWNER shall maintain public liability
insurance throughout the term of this AGREEMENT in amounts
reasonably calculated by PROPERTY OWNER and the CITY to be
sufficient for the size of the PROJECT.
11. The provisions of this paragraph 11 shall apply in
the event of any initiative, referendum or any court or
administrative action or proceeding is brought by any person
to challenge the approvals referred to in Recital E hereof,
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this DEVELOPMENT AGREEMENT and/or any final development
permit, building permit or other permit or approval required
from CITY or any other governmental entity for construction,
use or occupancy of the PROJECT or any portion thereof and
without regard to whether or not PROPERTY OWNER is a party
thereto.
A. in the event of such action or proceeding,
PROPERTY OWNER shall have the right to continue
with any portion of the PROJECT not challenged in
such action or proceeding or to terminate this
AGREEMENT as to any portion of the PROJECT or to
terminate this AGREEMENT. Any such action by
PROPERTY OWNER shall take effect thirty (30) days
after notice in writing to CITY given at any time
during the pendency of such action or proceeding
or within ninety (90) days of the final
determination thereof, irrespective of the nature
of such determination. Any such partial
termination of this AGREEMENT sha11 not affect
PROPERTY OWNER's rights under this AGREEMENT with
respect to the balance of the PROJECT. The CITY
shall execute, deliver and record such documents
as may be necessary to evidence any termination.
In the event this AGREEMENT is terminated as
provided 'herein, any fees previously paid by
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PROPERTY OWNER in connection with this AGREEMENT
or the PROJECT to the CITY or any other public
entity shall be immediately refunded. In the
event that this AGREEMENT is terminated as to a
portion of the PROJECT as provided herein, any
fees previously paid by PROPERTY OWNER in
connection with that portion of the PROJECT so
terminated to the CITY or any other public entity
shall be immediately refunded.
B. PROPERTY OWNER shall not be obligated during
the pendency of any such action or proceeding,
under any provision of this DEVELOPMENT AGREEMENT
and the approvals referred to in Recital E hereof,
to (i) do any act required 'hereunder or in the
proceedings referred to in Recital E hereof; (ii)
apply for a final development permit or building
permit, (iii) commence construct --oft, or (iv)
proceed with construction previously commenced.
The time during which said action, or proceeding is
pending shall be disregarded for purposes of
determining the term of this DEVELOPMENT AGREEMENT
and the periods of time within which PROPERTY
OWNER is required to commence or to complete
construction of all or any portion of the PROJECT
but, unless enjoined, no such action or proceeding
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shall excuse CITY from it its obligations under
this AGREEMENT.
12. The rules, regulations and official policies
governing the PROJECT, -he permitted uses of the PROPERTY,
the density of said uses, and the design, improvement and
construction standards and specifications applicable to
development of the PROPERTY and construction of the PROJECT
shall be those rules, regulations and official policies of
CITY in force as of the effective date of this AGREEMENT.
The CITY will not do any act, adopt any official policy or
enact any rule, regulation or ordinance which will impede or
prevent development and construction of the PROJECT in
accordance with approvals granted in Change of Zone 85-4 and
Precise Plan 85-5. Notwithstanding the foregoing: (1)
nothing herein shall prevent CITY in subsequent actions
applicable to the PROPERTY from applying new rules,
regulations and policies, generally applicable throughout
CITY to similar properties not in conflict with such rules,
regulations and policies applicable to -he PROPERTY Cn the
effective date hereof, and not inconsistent with the
purposes, or with any of the terms or conditions of this
DEVELOPMENT AGREEMENT; and (2) nothing herein shall prevent
CITY from requiring compliance with CITY's fire codes and
ordinances, and C:T's health and safety codes and
ordinances, in effect from time to time, to the same extent
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and on the same terms and conditions as is required of
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similar buildings and properties within the CITY. This
DEVELOPMENT AGREEMENT shall be applicable to the PROJECT and
shall not prevent the CITY from denying or from
conditionally approving any development application for any
different subsequent project on the basis of existing or new
rules, regulations and policies.
13. CITY shall review this AGREEMENT at least once
during every six (6) month period following the effective
date hereof, in accordance with Government Code, Section
65865.1. During each periodic review by the CITY, PROPERTY
OWNER shall be required to demonstrate, and hereby agrees to
furnish, such evidence of good faith compliance with the
terms hereof as CITY may reasonably require. Good faith
compliance shall be deemed demonstrated by evidence that
PROPERTY OWNER has timely commenced and prosecuted
development and construction of the PROJECT and that
PROPERTY OWNER has performed its agreements under Paragraphs
8 and 10.C. hereof.
14. PROPERTY OWNER agrees that approval of the PROJECT
is subject to the terms and conditions of this paragraph.
A. Section 25.25.020 of the Palm Desert Zoning
Ordinance requires developers of senior housing
under the Senior Housing Overlay to provide for
housing affordable by very low, lower and moderate
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income senior households equivalent to 250/. of the
units within the project. For purposes of this
AGREEMENT, th number of units within the PROJECT
shall be equal to the number of congregate care
units (180) plus half the number of skilled
nursing (59 divided by 2 equals 29.5) for a
total of 209.5. 'Therefore, provision must be made
for 52.375 affordable units (209.5 times .25
equals 52.375).
B. For satisfaction of this requirement, CHARTER
COMMUNITIES shall pay an in -lieu fee of Eight
Thousand Eight Hundred Dollars ($8,880.00) per
unit totaling Four Hundred Sixty Thousand Nine
Hundred Dollars ($460,900.00) to the CITY OF PALM
DESERT prior to the issuance of building permits
for the project. These fees shall be used to
implement the goals and programs contained with in
the CITY's General Plan Housing Element and the
Palma Village Specific Plan concerning the
construction of affordable senior housing within
five ( 5 ) years of the date hereof.
C. As an alternative to Paragraph 14.B., CHARTER
may obtain a letter of credit with a federally
insured lending institution of statewide
reputation in the amount of Four Hundred Sixty
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Thousand Nine Hundred Dollars ($460,900.00) for
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the benefit of the CITY OF PALM DESERT. Interest
accrued on the letter of credit may be retained by
CHARTER. The CITY OF PALM DESERT may draw on the
letter of credit upon commencement of construction
of a senior housing project within the CITY which
provides for affordable housing for very low,
lower and moderate income senior households, and
after the CITY has given -CHARTER fourteen (14)
days' written. notice. The draw referred to in the
preceding sentence shall be in an amount necessary
to reimburse the CITY for construction
expenditures made by the CITY. The letter of
credit shall be obtained and sufficient proof of
the letter of credit shall be provided to the City
Attorney prior to the issuance of building permits
for THE PROJECT. Should CHARTER opt to obtain a
letter of credit pursuant to this paragraph,
CHARTER shall nonetheless pay the CITY OF PALM
DESERT the sum of Four Hundred Sixty Thousand Nine
Hundred Dollars ($460,900.00), less any amounts
drawn by the CITY OF PALM DESERT from the letter
of credit, within. twenty-four (24) months of the
issuance of the first building permit for the
project. Fees drawn by the CITY OF PALM DESERT
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from the letter of credit shall be used to
implement the goals and programs contained within
the CITY's general plan housing element and the
Palma Village specific plan concerning the
construction of affordable senior housing.
D. The PROPERTY OWNER shall not discriminate on
the basis of race, creed, sex or national origin.
15. In the evert modification of this AGREEMENT is
desired by a lender to accommodate financing of any portion
of the PROJECT, PROPERTY OWNER and CITY will cooperate in
accommodating such lender. Except as expressly to the
contrary provided in Paragraph 11.A., this AGREEMENT may be
amended or cancelled in whole or in part only by mutual
consent of the parties and only in the manner provided for
in Government Code, Section 65868.
16. Unless amended, cancelled or terminated as
provided in Paragraphs 11.A. or 15. hereinabove, and subject
to all provisions of Paragraph 15. hereinabove, this
AGREEMENT shall be enforceable according to its terms,
notwithstanding any change in CITY's applicable general or
specific plans, zoning, subdivision or building regulations
which alters or amends CITY's rules, regulations or policies
governing permitted uses of the PROPERTY, density, design,
improvement and construction standards and specifications.
17. A. PROPERTY OWNER shall be in default under this
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AGREEMENT only upon a finding and determination by CITY made
after periodic review as provided for in Government Code,
Section 6586S.1, and Paragraph 13 hereinabove, and on the
basis of substantial evidence, that PROPERTY OWNER has not
complied in good faith with the terms and conditions of this
DEVELOPMENT AGREEMENT. PROPERTY OWNER shall not be excused
from performance hereunder because of any failure of
performance by any third party, nor by adoption of any law
or any other governmental activity (unless the same be in
violation of this AGREEMENT) which makes performance by
PROPERTY OWNER unprofitable, more difficult or more
expensive; provided, however, the time for PROPERTY OWNER's
performance of any act required to be performed hereunder or
under any of the proceedings referred to in Recital F hereof
and the term of this DEVELOPMENT AGREEMENT shall be extended
by the time PROPERTY OWNER awaits the results of any
initiative or referendum; approval of applications to the
CITY for final development permits and other permits
required to commence construction of any phase of the
PROJECT or PROPERTY OWNER is delayed in performance by labor
disputes, lawsuits, strikes, lockouts, inability to obtain
materials, acts of governmental entities referred to in
Paragraph 20 hereof, war, weather and the like.
B. In the event of default by PROPERTY OWNER,
and during the continuation of such default, CITY, as its
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rl sole remedy, may terminate or the parties may modify this
AGREEMENT, in whole or in part, all in accordance with
Government Code, Section 65865.1. CITY's failure to modify
or terminate this AGREEMENT after a finding of PROPERTY
OWNER's default pursuant to Subsection A of this Paragraph
17 shall not constitute a waiver of such default by CITY
during the continuation of such default. Termination of
this AGREEMENT shall operate prospectively only and shall
not affect any permit theretofore granted PROPERTY OWNER or
any constitutionally vested right theretofore acquired by
PROPERTY OWNER. No lender having a lien on any portion of
the PROPERTY shall have its rights affected or prejudiced in
any way by any termination or modification of this AGREEMENT
and no such termination or modification shall be effective
to adversely affect such lender or its rights.
18. In the event of alleged default or breach of any
terms or conditions of this DEVE1OPMENT AGREEMENT, the party
alleging such default or breach shall give the other party
not less than thirty (30) days' notice in writing (the
"first notice") specifying the nature of the alleged default
and the manner in which such default may be satisfactorily
cured. During any such thirty (30) day period, the party
charged may commence and thereafter diligently proceed to
cure such default. In such event, the party charged shall
not be considered in default or breach for purposes of
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modification or termination, institution of legal
proceedings, or denial of issuance of any permit.
If such default shall continue after notice and
expiration of said thirty (30) day period, the other party
to this AGREEMENT, at its option, and during the
continuation of such default, may institute legal
proceedings pursuant to this AGREEMENT or give notice of
intent to terminate this AGREEMENT pursuant to California
Government Code, Section 65868, and regulations of the CITY
implementing said Government Code section. Following notice
of intent to terminate, the matter shall be scheduled for
consideration and review by the City Council within thirty
(30) days thereafter in the manner forth in Government Code,
Sections 65965, 65867 and 65868, and any CITY regulations
implementing said sections to the extent not inconsistent
with said Government Code sections. If, after such
consideration and review, the City Council, on the basis of
substantial evidence, rules that the default or breach
specified in the first notice has not been cured, then the
CITY may act pursuant to Paragraph 17. B. hereof.
19. If a legal action or proceeding is brought by any
party because of default under this DEVELOPMENT AGREEMENT,
or to enforce a provision hereof or for declaratory relief,
the prevailing party therein shall be entitled, in addition
to any other relief, to recover reasonable attorneys' fees
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ti and court costs from the losing party as determined by the
court in which said action or proceeding is pending.
20. In the evert that any state or federal law or
regulation enacted or adopted after the date of this
DEVELOPMENT AGREEMENT, or other action of any governmental
entity not under the control of CITY, shall prevent or
preclude compliance with any of the provisions hereof, such
provisions shall be modified or suspended only to the extent
and for the time necessary to achieve compliance with said
law, regulation or other governmental action, and the
remaining provisions of this AGREEMENT shall be in full
force and effect; provided, however, the contractual
doctrines of impossibility and commercial frustration shall
apply. upon repeal of said law, regulation or other
governmental action or occurrence of other circumstances
removing the effect thereof upon this AGREEMENT, the
provisions hereof shall be restored to their full original
effect.
21. The CITY acknowledges that PROPERTY OWNER will
rely upon the approvals referred to in Recital E hereof and
this DEVELOPMENT AGREEMENT; that PROPERTY OWNER will have
expended time, labor, money and materials to plan, develop
and construct the PROJECT in exercise of that reliance and
that PROPERTY OWNER will be materially damaged by any act of
the CITY which prevents or delays PROPERTY OWNER's ability
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to construct the PROJECT in accordance with such approvals.
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22. PROPERTY OWNER shall have the right to sell,
assign or transfer this DEVELOPMENT AGREEMENT or any or all
of its rights and duties hereunder to any person, firm or
corporation at any time during the term of this DEVELOPMENT
AGREEMENT, subject to the prior written consent of the CITY,
which consent will not be unreasonably withheld. The notice
and hearing procedures of Government Code, Sections 65864
through 65869.5, shall not apply to such consent. PROPERTY
OWNER shall cause any buyer, assignee or transferee to
assume PROPERTY OWNER's duties hereunder with respect to the
portion of the PROPERTY or the PROJECT assigned, transferred
or sold; provided, however, in the event PROPERTY OWNER does
not seek a release hereunder, assumption shall not be
required as a condition of sale, assignment or transfer.
Notwithstanding anything inferrable herein to the contrary,
no person acquiring title to all or any part of the PROPERTY
by foreclosure, or deed in lieu thereof, shall be required
to assume obligations hereunder.
23. It is intended and determined that the Drovisions
of this AGREEMENT shall constitute covenants which shall run
with the PROPERTY.
24. The provisions of this DEVELOPMENT AGREEMENT are
severable. If any word, phrase, sentence, paragraph or
provision of this DEVELOPMENT AGREEMENT is determined by a
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court having jurisdiction to be inoperable, invalid,
unenforceable, illegal or otherwise contrary to law, the
provisions of Paragraph ll.A. shall apply and this
DEVELOPMENT AGREEMENT may otherwise be enforced as if such
phrase, sentence, paragraph or provision did not appear
herein. In the event of any inconsistency among the express
terms of this DEVELOPMENT AGREEMENT, the CITY's General
Plan, Zoning Ordinances, the approvals referred to in
Recital E hereof or the CITY's rules, regulations and
official policies, the express terms of this DEVELOPMENT
AGREEMENT shall control.
25. All notices required or provided for under this
AGREEMENT shall be in writing, shall be delivered in person
or by certified mail, postage prepaid, addressed to the
parties as follows:
CITY:
with a copy to:
PROPERTY OWNER:
City of Palm Desert
73-510 -Fred Waring Drive
Post Office Box 1977
Palm Desert, CA. 92261
DAVID J. ERWIN
Best, Best & Krieger
74-090 El Paseo
Post Office Box 789
Palm Desert, CA. 92261
CHARTER CO:�.IU�IITIES
2398 San Diego Avenue
San Diego, CA. 9211C
Attn : Norman J . Reynolds
with a copy to: RICHARD F. DAVIS
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Beverly Hills, California 90212
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The place to which notice may be sent may be modified
from time to time upon written notice to that effect.
26. This AGREEMENT shall expire on December 1, 2016;
provided, however, notwithstanding the foregoing, if
PROPERTY OWNER satisfies its obligations pursuant to
Paragraph 14 by making the payments required therein, this
AGREEMENT shall terminate on the later of the making of such
payments or the issuance of certificates of occupancy for
all buildings which comprise the PROJECT. After expiration
or full satisfaction, the parties shall execute an
appropriate certificate of termination which shall be
recorded in the official records of Riverside County.
27. A. As used in this AGREEMENT, and as the context
may require, the singular includes the plural and vice
versa, and the masculine gender includes the feminine and
neuter and vice versa and a reference to "person" includes
Firms and corporations.
B. Upon execution of this AGREEMENT, CITY shall -
promptly arrange for its recordation as provided in
Government Code, Section 65868.5.
C. The parties shall cooperate in performance of
this AGREEMENT and shall, upon request, execute and deliver
all documents appropriate to carry out the provisions,
purposes and intent of this AGREEMENT.
D. For convenience, the parties may execute and
-21-
DJE%1/4
2.4.87
acknowledge this AGREEMENT on separate signature pages
which, when attached hereto, shall constitute this as one
(1) complete AGREEMENT.
IN WITNESS WHEREOF, this DEVELOPMENT AGREEMENT has been
executed by the parties as of the day and year first above
written.
CITY OF PALM DESERT ("CITY") CHARTER COMMUNITIES
("PROPERTY OWNER")
By
APPROVED AS TO FORM:
BEST, BEST- 7KRIE
By
D I J. RWIN
Attorn vs for CITY
M
APPROVED AS TO FORM:
j BY
RICHARD�AVIS
r
Attorneys for
"PROPERTY OWNER"
-22-
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r�r
�r
STATE OF CALIFORNIA)
Q
) ss
+`f
COUNTY OF RIVERSIDE)
On
1987,
before me, the undersigned,
a Notary #ublic in and for
said state,
personally appeared
RICHARD S. KELLY, known to me
to be
the Mayor of the municipal
corporation that executed the
within
instrument, known to me to
be the person who executed the
within
instrument on behalf of the
municipal corporation therein
named,
and acknowledged to me that
such municipal corporation executed
the within instrument.
WITNESS my hand and official seal.
............... 9........ I ....................
;
OFFICIAL SEAL
NAOi'vIi T. B(?UCE
•:^. ' NOTARY Pl?L!C_—C'�LIPCJR JIA NOT RY PUBLIC
OND FILED IN
R!`/ErtSiD= CO:;NTY
My Commissicn Expires Jut; 23, 1990
............................................:
STATE OF CALIFORNIA
COUNTY OF
o-
OF 0, r AI_
t,
LOG ANGELES COUNTY
l td'i C0;1'4. EXP. FEB. 6, 1990
On this
_L� l , day of _
before me e ¢ ned,� a
—/ a tit
in the year 19,
personally appeared
rsoialll�nown to me
(or proved to me on the oath/affirmation of -E/1 �jd—�i
a credible witness personally known to me) to be the person whose name is subscribed to the
within instrument as a witness er� who, ji�inq iy me my $worn�eaoses and says:
That the Witnpcc raciripc in JJ?jJ// (Ji
and that the Witness was present and saw
. ,--/ 1
in and f r said State
<i // J _--,a
personally known to the )Nitness to be the same person described in, and whose name is
subscribed to the within instrument as a Party thereto, execute it, and acknowledge to the
Witness that_<,he executed it, and that the Witness subscribed hc--t� name thereto as a
witness.
WITNESS my hand and official seal.
ACKNOWLEOGMENT—Subscribing W,tness—Woicolls Fotm 262CA—Rev 5-82 _-4Yl.._ ._ o11 `A_`�_
.c 1982 WOLCOTTS, INC. (price class8-2) Notar ublic in and for said State.
CAT. NO. NNO0627
TO 1944 CA (1-83)
R04 (Individual)
�'ICOR TITLE 11 `'�URANCE
CSTATE
OF CALIFORNIA
SS.
COUNTY OF RIVERSIDE
April 23, 1987, before me,
the undersigned,
a Notary Public in and for
On DAVID J. ERWIN
said State, personally appeared
w
r
personally known to me or
w
proved to me on the basis of satisfactory evidence to aI
It
the person —whose name is subscribed to the
he
�: ..
% '^
OIFICIAL SEAL
Vnl_IGFiN l,lSNMAN
within instrument and acknowledged that exe-
-:r f?�
Nc'ary P'iblic Cali'orr, d
cuted the same.
Y
h d d official seal.
"? (�
Riversid; Crrunty
WITNESS my an an ,
- � my Comm. Exp Oct. 21, 1988
Signature
�dv (This area for official notarial seal)
TO 19 CA (8•741.—
(Individual)
0--�
P.
STATE OF CALIF RNI
SS.
COUNTY OF
State, personally appeared /Ve9 A—
, known to me
to be the person whose name —_�_I bscribed
to the within instrument and acknowledged that _d''—__
executed the same.
WITNESS my hand and official seal.
Signature /
me,
TITLE INSURANCE
AND
AND TRUST
A,1COR COMPANY
undersigned, a Notary Public in and for said
" 14 a a�• •�- '
rT"A' � . c• ••
(This area for otlicial notarial seal)
,CT LEGAL DYSCRIPTION Or PROPEJ���
d
«tire::,ent ' Inn of ' Pah,-i Desert
H
C�2
M
D E S C R I P T I O N
The land referred to in this repore is situated in the County of Riverside,
State of California, and is described as follows:
PARCEL 1:
The West half of the North half of the North half of the South half of the
Northwest quarter of Section 20, Township 5 South, Range 6 East, San
,,..Bernardino Meridian, in the City of Palm Desert, County of Riverside, State of
California, according to the official plat thereof.
EXCEPT the East 200.00 feet.
ALSO EXCEPT the West 30.00 feet conveyed to the County of Riverside by deed
recorded June 22, 1964 as Instrument No. 76389 of Official Records.
ALSO EXCEPT that portion conveyed to the Palm Desert Redevelopment Agency by
deed recorded May 13, 1982 as Instrument No. 82753 of Official Records,
described as follows:
Beginning at the Northwest corner of said North half;
thence South 00016'00" West, 330.94 feet;
thence North 89047'00" East, 30.00 feet to the true point of beginning;
thence North 00016'00" East, 330.94 feet;
thence North 89046100" East, 45.00 feet;
thence South 08*00'00" West, 334.37 feet to the true point of beginning.
PARCEL 2:
The East 200.00 feet of the West half of the North half of the North half of
the South half of the Northwest quarter of Section 20, Township 5 South, Range
6 East, San Bernardino Meridian, in the City of Palm Desert, County of
Riverside, State of California, according to the official plat thereof.
EXCEPT that portion described as follows:
Beginning on the North line of said West half, West 20.00 feet from the
Northeast corner thereof;
thence South 50.00 feet;
Legal Description Approved by:
Date:
Page 2 of 4
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thence West 14.00 feet;
thence North 50.00 feet to the North line of said West half;
thence East 14.00 feet on said North line to the point of beginning.
PARCEL 3•
That portion of the West half of the North half of the North half of the South
half of the Northwest quarter of Section 20, Township 5 South, Range 6 East,
San Bernardino Meridian, in the City of Palm Desert, County of Riverside,
State of California, according to the official plat thereof, described as
follows:
Beginning on the North line of said West half, West 20.00 feet from the
Northeast corner thereof;
thence South 50.00 feet;
thence West 14.00 feet;
thence North 50.00 feet to the North line of said West half;
thence East 14.00 feet on said North line to the point of beginning.
PARCEL 4:
The West 65.00 feet of the East half of the North half of the North half of
the South half of the Northwest quarter of Section 20, Township 5 South, Range
6 East, San Bernardino Meridian, in the City of Palm Desert, County of
Riverside, State of California, according to the official plat thereof.
EXCEPT that portion described as follows:
Beginning at the intersection of the West line of Royal Palms Estates as shown
by map on file in Book 27, Page 38 of Maps, Riverside County Records, with the
South line of Palma Village Unit No. 12 as shown by map on file in Book 27,
Pages 36 and 37 of Maps, Riverside County Records;
thence South 89047'00" West, along the South line of said Palma Village,Unit
No. 12, 65.00 feet;
thence South 00°09'08" West and parallel with the West line of Royal Palms
Estates 205.00 feet;
thence North 89°47'00" East and parallel with the South line of Palma Village
Unit No. 12, 65.00 feet to a point on the West line of Royal Palms Estates;
pac e i of .}
:R
thence North 00009108" East, along said West line 205.00 feet to the point of
beginning.
NOTE THE FOLLOWING
Note 1: Basic Rate Applies
T A X I.N F O R M A T I O N
General and special taxes for the fiscal year 1983-1984,
First Installment
$266.12,
Paid
Second Installment
$266.12,
Paid
Tax Code
018-001
Tax Parcel No.
627-061-038-5
Exemption
None
Affecting
Parcel 1
General and special
taxes for the
fiscal year 1983-1984,
First Installment
$13.13,
Paid
Second Installment
$13.13,
Paid
Tax Code
018-002
Tax Parcel No.
627-061-002-2
Exemption
None
Affecting
Parcel 3
General and special
taxes for the
fiscal year 1983-1984,
First Installment
$56.48,
Paid
Second Installment
$56.48,
Paid
Tax Code
018-002
Tax Parcel No.
627-061-035-2
Exemption
None
Affecting
Parcels
2 and 4
CQ
lip
1
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