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Home My WebLink AboutORD 552 , ,.�: .. . ! � � I � RECORDING REQUESTED BY , AND � z'c NHEN RECORDED MAIL T0: � �� City Clerk' s Office , , � < � �� City of Palm Desert �E � �� 73-510 Fred Naring Drive � a o � Palm Desert . CA 92260 � b � �� O '" � y . � ` � � � �� ,� � FOR THE BENEFIT OF TH& � CITY OF PAIJA DESERT NO FEE 6103 OF THE GOVT.. CODE I� \/ I c • ; , .- :-•' ! � 2•�1053 DEVELOPMENT AGREEMENT TABLE OF CONTENTS 1 . Definitions. 2 , Exhibits . 3 . Interest of Cook Hovely Street Associates 4 . Assignment. 5. Binding effect of Agreement. 6 . Relationship of parties. 7 . Effect of transfer of real property to another jurisdiction . 8 . Hold Harmless. 9 . Agreements by the City of Palm Desert. 10 . Agreements by Cook Hovely Street Associates 11 . Termination of this Agreement should general plan amendment or change of zone not occur. 12 . Rules , regulations and policies of the City of Palm Desert. 13 . Amendment or cancellation of Agreement . 14 . Enforcement. 15 . Damages upon termination . 16 . Attorneys fees and costs. 17 . Notices. 18 . Duration of. Agreement. � • " ' DSP13/1 : 6/28/89 � � � 241053 DEVELOPMENT AGREEMENT BETWEEN CZTY OF PALM DESERT AND COOK HOVELY STRF.ET ASSOCZATES ; (Govt.Code Sections 65864-65869 . 5) � THIS AGREEMENT is entered into this lOch day of July , 1989 , between COOK HOVELY STREET ASSOCIATES, A Minnesota General Partnership, and CZTY OF PALM DESERT, a municipal corporation organized and existing under the laws of the State of California. RECZTALS This Agreement is predicated upon the following facts: 1 . Government Code Sections 65864-65869 . 5 authorize the City of Palm Desert to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; 2. Under Section 65865 , the City of Palm Desert has adopted rules and regulations establishing procedures and requirements for consideration of development agreements. 3 . Property Owner has requested the City of Palm Desert to consider entering into a development agreement and proceedings have been taken into accordance with the City of Palm Desert' s rules and regulations; 4 . The City Council of the City of Palm Desert has found that the development agreement is consistent with the general -1- ��C � DSP13/1 : 6/28/89 � � 2�1�� plan and any applicable specific plan; and 5 . On October 13, , 1988 , the City Council of Palm Desert adopted Ordinance No. 552 approving the development agreement with Cook Hovely Street Associates and the ordinance thereafter took effect on �ovember 12, 19 8$ . I NOW, THEREFORE, the parties agree: 1 . Definitions. In this Agreement , unless the context otherwise requires (a) "City is the City of Palm Desert. (b) "The Cook Hovely Street Associates Parcel" is the real property legally described on Exhibit "A" attached hereto. (c) "The 20-acre parcel" is the real property legally described on Exhibit "B" attached hereto. (d) "The 35-acre parcel" is the real property legally described on Exhibit "C" attached hereto. Applicant shall process a parcel map, if necessary, to create the 20-acre referred to in Paragraph 1 (c) above, unless other action is taken by the City. Applicant shall not prevent the City of Palm Desert from initiating said parcel map if the City so desires and will not object to the City' s processing and eventual recordation of said parcel map. 2 . Exhibits. The following documents are referred to in -2- DSP13/1 : 6/28/89 , � 2•11C?5� this Agreement, attached and made a part by this reference: Exhibit Description Referred to Designation Zn Paragraph A Cook Hovely Street 1 (b) Associates Parcel B 20-acre Parcel 1 (c) C 35-acre parcel 1 (d) D Palm Desert Housing 10 (b) (2) Information (Affordable Housing Zncome and Rent Schedule (Feb. ' 88) ) Reference to other documents. Reference is made to the following additional documents and proceedings relatinq to the project to which reference is made for further particulars: Description of real property. The real property which is the subject of this Agreement is described in Exhibit A. 3 . Interest of Cook Hovely Street Associates . Cook Hovely Street Associates represents that it has a leqal and equitable interest in the Cook Hovely Street Associates Parcel (Exhibit A) , the 20-acre parcel (Exhibit B) and the 35-acre parcel (Exhibit C) and that all other persons holding legal or equitable interests in the property are to be bound by this agreement. 4 . Assiqnment. The rights of Cook Hovely Street Associates, A Minnesota General Partnership, under this Agreement may be assigned to J.E. Butler & Associates of 2401 Colorado Avenue, Suite 214 , Santa Monica, California 90404 . The riqhts of the Cook Hovely Street Associates under this -3- DSP13/1 : 6/28/89 + • 241053 Agreement may not be otherwise transferred or assigned unless the written consent of the City of Palm Desert is first obtained. 5. Binding effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest to the parties to it. 6 . Relationship of parties. Zt is understood that the contractual relationship between the City of Palm Desert and Cook Hovely Street Associates is such that Cook Hovely Street Associates is an independent contractor and not the agent of the City. 7 . Effect of transfer of real property to another jurisdiction. If all or a portion of the real property which is the subject of this Aqreement is annexed to or otherwise becomes a part of another City or another County, this Agreement terminates . 8 . Hold Harmless. Property Owner agrees to and shall hold the City of Palm Desert, 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 Cook Hovely Street Associates or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the project. Cook Hovely Street Associates agrees to and shall defend the City of I -4- DSP13/1 : 6/28/89 � • �:- --�_.- z410531 Palm Desert and its officers, agents , employees and representatives from actions for damages caused or alleged to have been caused by reason of Cook Hovely Street Associates ' activities in connection with the project. This hold harmless agreement applies to all 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 the City of Palm Desert prepared, supplied, or approved plans or specifications or both for the Cook Hovely Street Associates Parcel. Cook Hovely Street Associates further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of the development agreement. 9 . Agreements by the City of Palm Desert. The City of Palm Desert agrees to conduct those proceedings necessary to consider a rezone of the Cook Hovely Street Associates Parcel i (Exhibit A) from its present open space zone to any zone that � would permit the construction of 612 residential apartment units to be located on the Cook Hovely Street Associates Parcel. Those procedures include qeneral plan amendment and change of zone procedures including, but not limited to, the preparation of staff reports and the conduct of public hearings. 10 . Agreements by Cook Hovely Street Associates. Cook -5- ' DSP13/1 : 7/12/89 � � 2�10�3 Hovely Street Associates and City of Palm Desert agree that should the general plan amendment and change of zone referred to in Paragraph 9 occur, the City of Palm Desert and its citizens will lose needed open space . Zn addition , the City of Palm Desert and its citizens will suffer various impacts caused by the general plan amendment and chanqe of zone including, but not limited to, increased density of development and increased traffic , noise and other impacts. Cook Hovely Street Associates and City of Palm Desert agree that in order to mitigate the impact caused by the general plan amendment and change of zone referred to in Paragraph 9 , and in consideration of the general plan amendment and change of 2one referred to in Paragraph 9 , Cook Hovely Street Associates shall : (a) dedicate the 35-acre parcel (Exhibit C) and the 20-acre parcel (Exhibit B) to the City of Palm Desert upon approval and execution of this Agreement by and the City of Palm Desert; (b) participate to the extent of $100 , 000 . 00 with the City in the acquisition of an additional five (5) acre parcel to be selected by the City and mutually agreed upon by the parties; (c) provide, for a period of thirty (30) years, AFFORDABLE UNITS in the apartment project to be located on the Cook Hovely Street Associates Parcel as follows: (1) Cook Hovely Street Associates shall reserve -6- ' DSP13/1 : 6/28/89 • � 2q1f353 for rent ten percent {lOB) of the units for lower income households. Those units reserved for lower income households shall be referred to as "AFFORDABLE UNITS" for purposes of this Agreement. By way of example , if the project contains 152 studio units , 304 one bedroom one bath units , and 156 two bedroom two bath units , then 15 studio units, 30 one bedroom one bath units, and 16 two bedroom two bath units , shall be reserved for lower income households. (2) As used herein , "lower income households" shall refer to families or individuals whose gross income does not exceed eighty percent (808) of the Riverside County median income based upon financial and demographic information received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information (effective February 1988) is contained in Exhibit D and shall be up-dated automatically as information is obtained from HUD. Zf in the future more relevant data is made available by other officially recognized agencies , the applicant may request amendment of this Agreement to include such data. (3) Rent for AFFORDABLE UNITS shall not exceed thirty percent (30B) of the gross income of lower income households. The following maximum initial rents shall be charged in the AFFOT2DABLE UNITS, which rents shall be adjusted pursuant to Paragraph 10 (b) (2) : -7- 241053 , DSP13/1 : 6/28/89 , • Ten percent (104 ) of the total studio units : $432 per month (one person households) Ten percent (108) of the total one bedroom one bath units: $494 per month i (two person household) Ten percent (109) of the total two bedroom two bath units: $618 per month (four person household) (4) Cook Hovely Street Associates or their assigned management agent shall be responsible for determining eligibility of prospective tenants. Prior to opening the apartment project, Cook Hovely Street Associates shall submit for approval a plan to the City of Palm Desert describing the procedure for determining and enforcing eligibility requirements. Preference for these units shall be given first to persons workinq in Palm Desert, second to residents of Palm Desert, third to persons working in the Palm Desert Sphere of Influence, and fourth to persons residing in the Palm Desert Sphere of Znfluence. This plan shall include annual qualification by all eligible households and a semi-annual audit, at Cook Hovely Street Associates ' cost, by the City of Palm Desert or its assigned agents to determine compliance with all aspects of this Agreement. (5) Cook Hovely Street Associates shall not discriminate on the basis of race , color or creed, sex, national origin , or age . The AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be -8- DSP13/1 : 6/28/89 • • � 241053 �- j identical in quality and desirability as other units in the project. The AFFORDABLE UNZTS shall be evenly disbursed I throughout the project. The exact location of the AFFORDABLE UNZTS shall be chanqed from time to time as vacancies permit. (6) Cook Iiovely Street Associates, or its successors in interest, shall reserve the AFFORDABLE UNITS as set forth in this Agreement for a period of thirty (30) years. (7) Zt is understood and agreed by the parties that designation of certain of the apartment units as affordable units by Cook Hovely Street Associates is part consideration for the entitlements granted to Cook Hovely Street Associates under this agreement. (d) neither Cook Hovely Street Associates nor its successors in interest, shall object to any uses planned by the City with respect to the 35-acre parcel (Exhibit C) or the 20-acre parcel (Exhibit B) . (e) in addition , Developer shall comply cuith all conditions imposed by City cvith respect to General Plan Amendment 87-6 , Change of Zone 87-13 , and Precise Plan 87-37 . (f) Cook Hovely Street Associates or its successors shall provide the necessary geotechnical studies (drainage and soil perculation cals) indicating the property (Exhibit B) the City is acquiring through dedication are capable of supporting a park use at normal development expenditures, that extra cost shall not occur as a direct result of drainage problems. -9- = • • 241�53 DSP13/1 : 6/28/89 11 . Termination of this Agreement if general plan amendment or change of zone does not occur. This agreement shall terminate and shall be of no further force or effect should the general plan amendment and chanqe of zone referred to in Paragraph 9 not occur. 12 . Rules, regulations and policies of the City of Palm Desert. This agreement shall not prevent the City of Palm Desert, in subsequent actions applicable to the Cook Hovely Street Associates Parcel, from applying new rules, regulations and policies which do not conflict with the general plan amendment and change of zone referred to in Paragraph 9 . This agreement does not prevent the City of Palm Desert from denying, or conditionally approving, any subsequent development project application with respect to the Cook Hovely Street Associates Parcel , on the basis of existing or new rules , regulations and policies . 13 . Amendment or cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code, Sections 65868 , 65867 and 65867 . 5. 14 . Enforcement. Unless amended or cancelled as provided in Paragraph 13 , this Agreement is enforceable by any party to it notwithstanding a change in the applicable general plan or zoning with respect to the Cook Hovely Street Associates Parcel, adopted by the City of Palm Desert, which would alter -10- DSP13/1 : 6/28/89 • • 241�53 or amend the rules, regulations or policies governing permitted uses of the Cook Hovely Street Associates Parcel, 15 . Damages upon termination. Zn no event shall Cook Hovely Street Associates be entitled to any damages against City upon termination of this Agreement. 16. Attorneys fees and costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs . 17 . Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail , postage prepaid. Notice required to be given to City of Palm Desert shall be addressed as follows : 73-510 Fred Waring Drive Palm Desert , CA 92260 Notices required to be given to Cook Hovely Street Associates shall be addressed as follows: 41-555 Cook Street Palm Desert, CA 92260 18 . Duration of Aqreement . This Agreement shall expire thirty (30) years from the date of execution of this Agreement, except that all land dedicated to the City shall exist in perpetuity and shall be used and disposed of solely by the City. A party may change the address by giving notice in -11- • . DSP13/1 : 6/28/89 • • 2�1�� writing to the other party and thereafter notices shall be addressed and transmitted to the new address. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. APPROVED TO FORM: CITY OF PALM DESERT i A Municipal Co ati n C � , / By: DA ID J RWIN W SON, Mayor City At orney COOK HOVELEY STREET ASSOCIATES A Minnesota General Partnership BY��_� � � STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) �� p �n ,J �-iLY �� q� I , before me a Notary Public in and for said State, personally appeared � . �O (W � c.S0�1 ar+er known to me or proved to me on the basis of satisfactory evidence) to be the (�'�(i YO 2. and �qe of the City of Palm Desert, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. WITNESS my hand and official seal . �...........................................� ' . � y-,. OiRCIAI SFAL � ^ � 1 �.�,� MARY P. FRAZIER � - o«� �o NOTARY GUdIK--CAUfORNIA � r 1't'�j N��ARv BOND i1LF0 IN NOTARY PU ZC : �;�� RiVERSiDE COUN�Y � My Commission Expires July 23, 19D0 ti............................................ -12- . DSP13/1 : 6/28/89 • � 241053 STATE OF CALIFORNIA ) ) ss COUNTY OF RIVERSIDE ) On 1J , before me, a Notary Pu lic in and for said ta e, personally appeared �� P, �� , known to me (or proved t9 /j�e on the ba is of sa sfactory evidence) to be a ,�Onu�ne�L /"� of Cook Hovely Street Associates, A General Partnership, and known to me to be the person who executed the within instrument on behalf of Cook Hovely Street Associates and acknowledged to me that Cook Hovely Street Associates executed the same. WITNESS m� hand and official seal . arinai seai n ///�� ..• JULIE P 61ft7R�Y5 // �/ J�� , NOTARY PUBUC'LAIIF(�@IIA ��jU • qNERS10EC0UN7Y N ARY PUBLSC PR'CWBASSIOH EXp AUG I1.1992 -13- ' � � 241053 ' LDOAL DPSCRIPTION (35.k Acre Parcel) I That portion of the 9outheast one-quarter of 9outhveet one-quarter oP Section 9, Township 5 South, Range 6 Fest, San Bernardiao Base and Merldian. Sn the Clty of Palm Dceert, County of Rlverslde, State oP Califcrnia� mora Darticularly described ae Sollo�e: Co�eneing at the t(orthwest corner of Lot 2k, Parcel Map Na. 17k52, as per map oa file in Book 130 psgee 1� through 1T. inclusive, of percel� Mape, Aecorde of eald Rivereide Caunty, CaliPornia. THF�YCE 9outherly, Weeter�y and 6outner�y slong the Weeterly boundary line oP eaid Parcel Map, the follovfng 3 courees: 1) THF�CE 6outh 00°03'39�� Weet� e distance of 1100.71 feet; 2) THENC£ South 89°47'20" Weet� a dietance of 150.00 feet� 3) TfiENCE 3outh o0°03'39" West, a dietance oP 182.00 feet to the South line oP eaid Section 9; `PHENCE leaving eaid ileater�y llne of eaid Percel Map South - 89°47'20" Weet nlong snid South line of Sectian 9, d diatance of 426.63 feet to the 9outh one-quarter corner thereof= Tf�ACE contiauing along eald 3outh line, 9outh 89°49'3k" Weet� a dietance oP 124.28 feet, to the '1'Rt1E POINT OF BD6INNING; THENCE cantlnuing along eaid 9outh line Sou:h 69°49'3k�� West, a dlste,nce of 1,203.'1g Peet� to the Southveet corner of the Southeast one-quarter of the Sauthvest one-quarte^ of eaid 9ection 9� 17iIIYCE Aorth 00°0('43�� Eaet aloag the Weet line of eald Bouthenet one-quarEer of sald Seuthweet one-quarter cf eaid 8ection 9, a diatance ef 1281,71 feet to the intereectioa of eaid Weet llne alth 3outh Right of Way line of ftovley Lane; Tl�tiCE Nortih 94°47'25" Sant nlong said Sauth Right of Way line, . a dietance oi 1.203.79 ieet� TEiENCE leaving eeid 3outh line, 9outh OC°C6'43�� Weet, a dlstacce of 1,2$2.46 feet to the TRUE POINT OF HEGINftI2�C. (Contains 35•k3 ecres� more ar lese� . i �" ,� < � � , �::,. — — - - —i - -- , - - �1053 '�;y � ' . L. . I ,.�,,, i '•,C f1. � ��5�� 1I`'(�-f � '�'t', _. : � j�'("'7niLb�-1� �� •'�(;�'`' �..� � ! � �.• �.� »..-.�...,.--.�...--- . �'.; ' �--/�'�--1� —�j •r�a"�,�, -p ` �r��;�.y_�i/ t�im----. ' � ��,� �°L�', _,�"�> ` `... "ill ' Q1��,�r,) � , k�.' Q O�r' � � i ` (�..�_. ✓ G`_L�l�""�� `�.��I.�:1U V Cl'7 � � � � c •('�1 . ' 1 _�Ci/`_'\'�,�, q [ � , _. . � �(T,'( . i i.�t;�� }.,��j e,- ,:�7a�:1,� (' .. . ✓' .� ♦ . 4� •�;�eJ� J �� t J� II ` ';. . l�y � �.�..G � . •�. G'. � � I � �• � � � ( _ �n t�C..�... E'u ' - '•• :\ +� � - i� � ` �I I _ .0! (<a k n C �/G,.. ' '��' (� � n1 t�i•—�.��.� V '1l, �� '�. . � ' �,Ouov}C�1 i ' � �uil � II� �� '\ � �`� % o � ' '`� � !�� ' -� �h` ' 1.— i -� .-� ! � I � �/� � ' U �/ ' /� �-.,`� � �I/ � _ ', • . � . �.rrlotc� ' / f� '.--,..�--+ .,3'.��, �J i� � `: ` ' . w..��w�a�.t....✓� �.�er. �n^„ev,�,,, •1 = ' � .�� -�i��..� _ � � / �1r / �.. ✓ '•....M.�.�.-.. `�.�:- O . . . 1 ._ __'� ? �_.c"�I_ _�w A� =C/]�--�.'�.. 171 I �� - , � -�- ,'� ... .. • .�. �. ~ � .�: 'I)(1I . . �•--. (: �, �,o,•r-!�••,' ---- �.. .. � . � T _ �. fj '^_"-� � . r;�;: �" i�: � . . . \I� S -..v Y,!' _ . ' . � .� . .`r .; : ; - . .�_ .�� _ � .� ' � -' .�: ' �. �_ = n . ..,: :. �", <r�-1�.�'S �� a / �� . '�w�Wr _— "r.�. J�-.. ` � �1 ,� - .,f � � . �/,•-�,-. �� ' : . :`'. � ��' '/CHAP RAL� � j - �• � — � ' I .. , � . � .35 ae - ` . , , ��. K�L U _ I . � � � � ; Club��1` y �, .i_. ;. �.. '� _... 1�� .-- � p -- r�� i , --- `� �� ` Ibr� le � �1 ' I �:�� '� �°� �' , , . _ � � - � . , ;� ��,, w �.. '�: .. ....... .... . . `::_ ��_`` '�! 1` `� `�``� -..�� /�• --- `�1�--_`_ III^ ,—,_,__ � 1 � �._��`�—\\:�� \\ ` ., � � ••- — - _ ' ��C � � ��- � \� ��` � V:`. �d 1 ^ `� � F1 ,. _1� �j� , �- � „ ' ��, �a��-�-�� \ , �• '��_.� s�.. � I•'. .0 R� ,L . z--t., .\ �m . J' , 1- i 1 _ �'. rr�=r�, ,� p I I•tcu: _�_ I.. � II �� Q I � I J - . • � . ~ " � 'f� ��iSi¢ 1�—�-5.•. , - �. .._..� -;�� CITY OF PALM OESER7 Case No. CITY COUNCIL r �,.•: �� DEVELOPMENT AGREEMENT ORDINANCE NG.S �� M Date 10)13188 � � l..\ � � p � � � NOT TO 5(:/�lE L�U�] , . ; . . • • � -�..-----�. 2.41053 i LF7UAL DEBCRIPTION • � (20.00 Acre Parcal) That portion of the South one-half eP the South ane-helf of SeCtion 9, Tovnahip 5 South, Range 6 East, San Bernardiao Bsee and Meridian, 3n the City of Fa]m Deeert. County of Riverside. 9tate oS CeliPornia� mdt'e particuler2y dascribed st followe: &ginaiag at the Harthweet cornCr of Lot 2k, parcel Mnp No. 17452, as per mep on f'_le in Book 130 pagee lk through 17, inciueive, oS Parcel Maps, Recorda of eeld Rivereide County, Califorpis. Tf�NNCPs 9outherly, Weeter�y and Southerly elong the Wester�y boundary line of ea3d qnrcel Msp, the £olloving 3 coureee: 1) THFNCB South 00°03'39" weet, a dletnnce of 1100.71 feets 2) THEBiCE 3outh 89°kT'2o" West, e distance ot 150.00 ieat; 3) TAENCE South 00°03'39" Weet, a diatance oi 182.00 feet to the 9outh J.ine oi asid 6ection 9; THENCE leaving seid Westerly line of 9aid Parcel Map South i gq°L7'2o" Neet aloag said South line of 6ection 9, a distance oi 1.26.83 feet to the 6outh one-quarter corner thereof; THENCE continuiag alortg eeid 8outh 12ne, 9outh 89°�+9'3k" Keet� a dietance of 12L.28 feet; TF�NCE Aorth 00°06'L3" Ea�t 1282.46 Yeet to :he Souther�y right of vay line of Hovley I,6ne; THF�CE Horth 89°�+7'25" Eaet nlong aeld Souther�y Right-oP-way �ine of Hovley Lnne. a distance oi 123.55 1'eet. THENCE North 89°46'17" Eaet, 5'T6.k0 feet TO THE POINT OF SfiY3IIPNINO. (Coutalns 20.Q0 acrea, more or lees). I �� 1 � �� Y � — ' " • Zs-a•= —' :�' . 0 . . , � , ,�.,�,.�, �-- � � � ^ ' � � .�•.� �) �� , � �� i �, � ( � + � • � .. �� \ ' 1 ... '- , V f. � - �p0000osaa :s - — — �: ;}� �C� a► �emomElm m1 � :; ��+' �� aa+mmsao�a�� / � i� � ��p»aoa�� s�II :� � � :. _ ^ �..� ^ � . ,�i ��I�� i �� , . : � � � i : ��, a�, �� ..0 .� '^('� �I \' . � ��;y 1 �� _ I��.,,, , ^t1111{11 �� . S ==s ~' i` � • IIIII� I �•. ��J s '�'' � ■��.��i. � Ir '�� r � , 111111:.. � ' V Yi�� ..��R��Iq• `. '.�..=T ` '� ' , ' ' ^ • , , , � � � � ` ,��o�E'� �3e�� n � _ ��` - ' ; A . . � .��,,,.',�, ePq ' �•,,..,, �%j�. r.� . •. -- � �� i'i�ii: : � : ►��a .r,�a� .•.�-��'S�I u � .. ..? .a. n.� ( �� !� � +��':1:�::�C � ::i::::::::�i�►�K��ii� lnie' v � a � .• ....'-�...ZI�E... _ ._ .■��:l.�i�� fi ��;�� :, 'w � ��1�:�G ■. r� � ��I� ' :a � ' � �,��4��41 ��1�� ! + -- - : ��Ii��i�ii�i��i:�siwi � . � 3eEe �=�13�: : ' ; '��fii�/I��i7 �•i�iii i�1��i •�i� L�L� � .. �.y � rmm�uwm ��OU ��U�� tO� �� .., .�.r....v�.��s. .. _� i.v �� i �� IIIIIW AIiNN111N11� nwn• • • • . • . ' • - � • � � • � • ' �� '-` EXHI = IT i . . ' � � . . • • 241053 F ; APN� 620- 20G- 039� I , AND - APNq 620- 2Q0-044 The West half of the Northeast quarter of the NorthNest quarter of the Southwest quarter ; the West half of the Northwest quarter of the Northwest quarter of the Southwest quarter ; Sectton 4 , Toanship 5 South , Range 6 East , San Bernardino Base and Meridian . APN�{ 620-200- 013 The West half of the Southeast uarter of the Northeast quarter of the Southwest quarter of Section d . ToNnship S South , Range 6 East , San Bernardlno Base and Meridian . APNp 620-200-005 � The West half of the Northeast quarer of the f ' ' Northeast quarter of the Southwest quarter of ! Section 4 : Townshlp 5 South , Range 6 East , �-- San Bernardino Base and Meridian . APN� 620-200-006 The East half of the Northeast quarter of tr�e Northeast quarter of the SouthWest quarter of Section 4 , ToNnship 5 South , Range 6 East . San Bernardi �o Base and Merid•ian . � APN�y 620- 200- 014 � i The East half of the Southeast quarter of the Northeast quarter of the Southwest quarter of � Sectln 4 , Townsh ( p 5 South , Range 6 East , San � Bernardtno Base and Mer ( dian . APN�j 620-200-002 7he East half of the NorTheast quarter of the 4, ' Northwest quarter of the Southuest quarter of � Section 4 . ToNnship 5 South . Range 6 East , San Bernardino Base and Meridian . 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' �I I � 4��.�{� `_` ' `�<;'`_._\.- � ' � I � . ...•• _... .. �- ' � --.�..�...',.- 7,w;.�• a�� - � �'` ',: � � i ii � � � , . .. j �� 11� �i��' — \ ��; �.�-. � ;:i � �i E.t-,��J�i�!'di � � - �, ��I "�i[!� � ��°i�� ` :�� : ► , ii ... � ��'�fi, �j� �SIC ( �� I��Lf �n.�� `��. �E<<�`� ' II ( �I,ii[tltil �! — - - ��:-' �;,� y�'� � � � �(Qlal.�,,-tlr � ��t' �� .�.�� _ �' . tfi.�I 1!� � :it',�-,!_�'� '�� j'` �� 1�,1)lIl(�tI►► �f�t �,��rriIli� l[I{`I�fll � __ __ ��.«LL =:�_ � , � T 18' NiE� (�llll) �1��1�1:�. �I��`��`=�Ili�� i�`1� _ol E��y . �. U�,� I.sn:,u��.l_,a� i1�1�1��I11 i; a�l � r� r� --- 4L t t� 111;:�(`�`;'�•,; � r11��T��'�.�fIII�IIf��i;iiS;�;:�tr:t�i�:�; :,.:, i�l;`��'� 1-;r i;T:—�'. .._... .— � �1\ CITY or �n��.� oi,sEni Case �Jo. CITY COUNCIL _ 41 I±? � �1 -- -------- -- �� }f S � UEVELUI'MLN I- AUf�EEME�J T ORDINANCE NO, ss ,�: r `t� `_1t:;��,J � , I �.. .., /� io�i3�sa w.�.��r,.Y.- � i" '. �ylli i� � � �;:.>�i �� 4 �a �,,,� ��, ,,�•�� Date _ i I � C(TY OF PA�M DE:;�kl '^� AFFORDABLE HOUSING f ,p 1NCOME AND RENT SCHEDULE � � FE6RUARY. 1988 U W m Z V � ; . � Z o '. INCOME NON7HLY REN7 � Q -� U � I 207. I 007. 807. 507, Z HOUS�HOLDS N�DERATE �EDIAN LOuER VERr LON UNIT SIZE• MODERATE M=DIAN LOwrR VERY LOW I � � :+ C� stud�o U � � � I $25.920 521 .600 517,280 510,800 450 sq. ft. 56QB SSaO ga32 g270 w minim�m ., < U N l Bedroom � 2 29,6a0 2a.700 19,760 12. 350 600 sq. ft. 741 617 494 309 � ` � minimum Z Z w � 2 Bdrm/1 Sat� � � Z W 3 33 ,360 27,900 2Z,240 13, 900 B00 sa. ft. 834 695 556 3d7 � minimum N (� � c� Q U t— • Z 8drm/2 Bath Z � 4 37,080 30, 900 24,720 15.45Q 950 sq. ft. 927 772 618 386 ¢ W o minimum "� � OD W a. � o d � � �3 Bdrm/2 Bath � W 5 dp,080 33,400 26,720 16,700 I100 sa. ft. IOOZ 835 66H 417 a ] ^ ,,� _ minimum p W �� T � !1� 1] � �U� U 3 Bdrm/2 Bath b 42,960 35,8�0 28,64p f7,900 1250 sq. ft. 1074 B95 716 447 .,'� ; . minimum C�%• • , ` � ' � v� �� •NOT APP� �rA81 F Tp SEN I OR PROJECTS — ------ � . I � ORDINANCE NO. 552 AN ORD I NANCE OF THE C I TY COUNC I L OF THE C I TY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COOK HOVLEY ASSOCIATES INVOLVING A GENERAL PLAN AMENDMENT. CHANGE OF ZONE, NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND PRECISE PLAN OF DESIGN TO CONSTRUCT 612 APARTMENTS ON 30 ACRES LOCATED ON THE SOUTH SIDE OF HOVLEY LANE, APPROXIMATELY 1,300 FEET EAST OF PORTOLA AVENUE, AND DEDICATION OF 55 ACRES OF LAND AS "PARK" TO THE CITY. CASE NO: DEVELOPMENT AGREEMENT FOR GPA 87-6. C/Z 87-13 AND PP 87-37 WHEREAS, the City Council of the City of Palm Desert, California, did on. the 14th day of July. 1988, hold a duly noticed public hearing and continued to August 11th. September 8th and September 22nd, 1988 to consider the request by COOK HOVLEY ASSOCIATES to enter Into a development agreement to construct the above mentioned project. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any. of all interested person desiring to be heard, said city council did find the following: 1. The development agreement provides for 55 acres of land to be dedicated to the City of Palm Desert to be designated as "Park". 2. That 35 acres of land. the westerly portion of APN 624-040-016 shall be developed as 612 apartments. NOW. THEREFORE, BE 1T RESOLVED by the City Council of the City of Palm Desert. California. as follows: That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That the city council does hereby approve the Development Agreement "Exhibit A" for Cases GPA 87-6. C/Z 87-13 and PP 87-37 between the City of Palm Desert and Cook Hovley Street Associates attached EXhibit "A". ORDINANCE NO. 552 PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of October, 1988, by the following vote, to wit: AYES: CRITES. SNYDER, WILSON, BENSON NOES: NONE ABSENT: KELLY ABSTAIN: NONE ATTEST: SHEILA R. GI LIGAN, Cit�r Jerk City of Palm Desert /fr 2 J " M. BENSON, Mayor a DEVELOPMENT AGREEMENT TABLE OF CONTENTS 1. Definitions. 2. Exhibits. 3. Interest of Cook Hovely Street Associates 4. Assignment. 5. Binding effect of Agreement. 6. Relationship of parties. 7. Effect of transfer of real property to another jurisdiction. 8. Hold Harmless. 9. Agreements by the City of Palm Desert. 10. Agreements by Cook Hovely Street Associates 11. Termination of this Agreement should general plan amendment or change of zone not occur. 12. Rules, regulations and policies of the City of Palm Desert. 13. Amendment or cancellation of Agreement. 14. Enforcement. 15. Damages upon termination. 16. Attorneys fees and costs. 17. Notices. 18. Duration of Agreement. DSP13/1:6/28/89 DEVELOPMENT AGREEMENT BETWEEN CITY OF PALM DESERT AND COOK HOVELY STREET ASSOCIATES (Govt.Code Sections 65864-65869.5) THIS AGREEMENT is entered into this loth day of July r 1989 between COOK HOVELY STREET ASSOCIATES, A Minnesota General Partnership, and CITY OF PALM DESERT, a municipal corporation organized and existing under the laws of the State of California. RECITALS This Agreement is predicated upon the following facts: 1. Government Code Sections 65864-65869.5 authorize the City of Palm Desert to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; 2. Under Section 65865, the City of Palm Desert has adopted rules and regulations establishing procedures and requirements for consideration of development agreements. 3. Property Owner has requested the City of Palm Desert to consider entering into a development agreement and proceedings have been taken into accordance with the City of Palm Desert's rules and regulations; 4. The City Council of the City of Palm Desert has found that the development agreement is consistent with the general 5C DSP13/1:6/28/89 plan and any applicable specific plan; and 5. On October 13, , 1988 , the City Council of Palm Desert adopted Ordinance No. 552 approving the development agreement with Cook Hovely Street Associates and the ordinance thereafter took effect on November 12, 19 88 . NOW, THEREFORE, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires (a) "City is the City of Palm Desert. (b) "The Cook Hovely Street Associates Parcel" is the real property legally described on Exhibit "A" attached hereto. (c) "The 20-acre parcel" is the real property legally described on Exhibit "B" attached hereto. (d) "The 35-acre parcel" is the real property legally described on Exhibit "C" attached hereto. Applicant shall process a parcel map, if necessary, to create the 20-acre referred to in Paragraph 1(c) above, unless other action is taken by the City. Applicant shall not prevent the City of Palm Desert from initiating said parcel map if the City so desires and will not object to the City's processing and eventual recordation of said parcel map. 2. Exhibits. The following documents are referred to in -2- DSP13/1:6/28/89 this Agreement, attached and made a part by this reference: Exhibit Designation A B C D Referred to In Paragraph Cook Hovely Street 1(b) Associates Parcel 20-acre Parcel 35-acre parcel Palm Desert Housing Information (Affordable Housing Income and Rent Schedule (Feb.'88)) Description 1 (c) 1 (d) 10 (b) (2) Reference to other documents. Reference is made to the following additional documents and proceedings relating to the project to which reference is made for further particulars: Description of real property. The real property which is the subject of this Agreement is described in Exhibit A. 3. Interest of Cook Hovely Street Associates. Cook Hovely Street Associates represents that it has a legal and equitable interest in the Cook Hovely Street Associates Parcel (Exhibit A), the 20-acre parcel (Exhibit B) and the 35-acre parcel (Exhibit C) and that all other persons holding legal or equitable interests in the property are to be bound by this agreement. 4. Assignment. The rights of Cook Hovely Street Associates, A Minnesota General Partnership, under this Agreement may be assigned to J.E. Butler & Associates of 2401 Colorado Avenue, Suite 214, Santa Monica, California 90404. The rights of the Cook Hovely Street Associates under this -3- DSP13/1:6/28/8° Agreement may not be otherwise transferred or assigned unless the written consent of the City of Palm Desert is first obtained. 5. Binding effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors in interest to the parties to it. 6. Relationship of parties. It is understood that the contractual relationship between the City of Palm Desert and Cook Hovely Street Associates is such that Cook Hovely Street Associates is an independent contractor and not the agent of the City. 7. Effect of transfer of real property to another jurisdiction. If all or a portion of the real property which is the subject of this Agreement is annexed to or otherwise becomes a part of another City or another County, this Agreement terminates. 8. Hold Harmless. Property Owner agrees to and shall hold the City of Palm Desert, 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 Cook Hovely Street Associates or those of its contractor, subcontractor, agent, employee or other person acting on its behalf which relate to the project. Cook Hovely Street Associates agrees to and shall defend the City of -4- DSP13/1:6/28/89 Palm Desert and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Cook Hovely Street Associates' activities in connection with the project. This hold harmless agreement applies to all 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 the City of Palm Desert prepared, supplied, or approved plans or specifications or both for the Cook Hovely Street Associates Parcel. Cook Hovely Street Associates further agrees to indemnify, hold harmless, pay all costs and provide a defense for City in any action challenging the validity of the development agreement. 9. Agreements by the City of Palm Desert. The City of Palm Desert agrees to conduct those proceedings necessary to consider a rezone of the Cook Hovely Street Associates Parcel (Exhibit A) from its present open space zone to any zone that would permit the construction of 612 residential apartment units to be located on the Cook Hovely Street Associates Parcel. Those procedures include general plan amendment and change of zone procedures including, but not limited to, the preparation of staff reports and the conduct of public hearings. 10. Agreements by Cook Hovely Street Associates. Cook MM DSP13/1:7/12/89 Hovely Street Associates and City of Palm Desert agree that should the general plan amendment and change of zone referred to in Paragraph 9 occur, the City of Palm Desert and its citizens will lose needed open space. In addition, the City of Palm Desert and its citizens will suffer various impacts caused by the general plan amendment and change of zone including, but not limited to, increased density of development and increased traffic, noise and other impacts. Cook Hovely Street Associates and City of Palm Desert agree that in order to mitigate the impact caused by the general plan amendment and change of zone referred to in Paragraph 9, and in consideration of the general plan amendment and change of zone referred to in Paragraph 9, Cook Hovely Street Associates shall: (a) dedicate the 35-acre parcel (Exhibit C) and the 20-acre parcel (Exhibit B) to the City of Palm Desert upon approval and execution of this Agreement by and the City of Palm Desert; (b) participate to the extent of $100,000.00 with the City in the acquisition of an additional five (5) acre parcel to be selected by the City and mutually agreed upon by the parties; (c) provide, for a period of thirty (30) years, AFFORDABLE UNITS in the apartment project to be located on the Cook Hovely Street Associates Parcel as follows: (1) Cook Hovely Street Associates shall reserve DSP13/1:6/28/89 for rent ten percent (10%) of the units for lower income households. Those units reserved for lower income households shall be referred to as "AFFORDABLE UNITS" for purposes of this Agreement. By way of example, if the project contains 152 studio units, 304 one bedroom one bath units, and 156 two bedroom two bath units, then 15 studio units, 30 one bedroom one bath units, and 16 two bedroom two bath units, shall be reserved for lower income households. (2) As used herein, "lower income households" shall refer to families or individuals whose gross income does not exceed eighty percent (80%) of the Riverside County median income based upon financial and demographic information received from the United States Department of Housing and Community Development (HUD) or its successor agency. This information (effective February 1988) is contained in Exhibit D and shall be up -dated automatically as information is obtained from HUD. If in the future more relevant data is made available by other officially recognized agencies, the applicant may request amendment of this Agreement to include such data. (3) Rent for AFFORDABLE UNITS shall not exceed thirty percent (30%) of the gross income of lower income households. The following maximum initial rents shall be charged in the AFFORDABLE UNITS, which rents shall be adjusted pursuant to Paragraph 10(b)(2): -7- DSP13/1:6/28/89 Ten percent (10%) of the total studio units: $432 per month (one person households) Ten percent (10%) of the total one bedroom one bath units: $494 per month (two person household) Ten percent (10%) of the total two bedroom two bath units: $618 per month (four person household) (4) Cook Hovely Street Associates or their assigned management agent shall be responsible for determining eligibility of prospective tenants. Prior to opening the apartment project, Cook Hovely Street Associates shall submit for approval a plan to the City of Palm Desert describing the procedure for determining and enforcing eligibility requirements. Preference for these units shall be given first to persons working in Palm Desert, second to residents of Palm Desert, third to persons working in the Palm Desert Sphere of Influence, and fourth to persons residing in the Palm Desert Sphere of Influence. This plan shall include annual qualification by all eligible households and a semi-annual audit, at Cook Hovely Street Associates' cost, by the City of Palm Desert or its assigned agents to determine compliance with all aspects of this Agreement. (5) Cook Hovely Street Associates shall not discriminate on the basis of race, color or creed, sex, national origin, or age. The AFFORDABLE UNITS shall be equipped in the same fashion and their exterior shall be DSP13/1:6/28/80 identical in quality and desirability as other units in the project. The AFFORDABLE UNITS shall be evenly disbursed throughout the project. The exact location of the AFFORDABLE UNITS shall be changed from time to time as vacancies permit. (6) Cook Hovely Street Associates, or its successors in interest, shall reserve the AFFORDABLE UNITS as set forth in this Agreement for a period of thirty (30) years. (7) It is understood and agreed by the parties that designation of certain of the apartment units as affordable units by Cook Hovely Street Associates is part ,consideration for the entitlements granted to Cook Hovely Street Associates under this agreement. (d) neither Cook Hovely Street Associates nor its successors in interest, shall object to any uses planned by the City with respect to the 35-acre parcel (Exhibit C) or the 20-acre parcel (Exhibit B). (e) in addition, Developer shall comply with all conditions imposed by City with respect to General Plan Amendment 87-6, Change of Zone 87-13, and Precise Plan 87-37. (f) Cook Hovely Street Associates or its successors shall provide the necessary geotechnical studies (drainage and soil perculation cals) indicating the property (Exhibit B) the City is acquiring through dedication are capable of supporting a park use at normal development expenditures, that extra cost shall not occur as a direct result of drainage problems. -9- DSP13/1:6/28/89 11. Termination of this Agreement if general plan amendment or change of zone does not occur. This agreement shall terminate and shall be of no further force or effect should the general plan amendment and change of zone referred to in Paragraph 9 not occur. 12. Rules, regulations and policies of the City of Palm Desert. This agreement shall not prevent the City of Palm Desert, in subsequent actions applicable to the Cook Hovely Street Associates Parcel, from applying new rules, regulations and policies which do not conflict with the general plan amendment and change of zone referred to in Paragraph 9. This agreement does not prevent the City of Palm Desert from denying, or conditionally approving, any subsequent development project application with respect to the Cook Hovely Street Associates Parcel, on the basis of existing or new rules, regulations and policies. 13. Amendment or cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code, Sections 65868, 65867 and 65867.5. 14. Enforcement. Unless amended or cancelled as provided in Paragraph 13, this Agreement is enforceable by any party to it notwithstanding a change in the applicable general plan or zoning with respect to the Cook Hovely Street Associates Parcel, adopted by the City of Palm Desert, which would alter -10- DSP13/1:6/28/89 or amend the rules, regulations or policies governing permitted uses of the Cook Hovely Street Associates Parcel. 15. Damages upon termination. In no event shall Cook Hovely Street Associates be entitled to any damages against City upon termination of this Agreement. 16. Attorneys fees and costs. If legal action by either party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to reasonable attorneys fees and court costs. 17. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid. Notice required to be given to City of Palm Desert shall be addressed as follows: 73-510 Fred Waring Drive Palm Desert, CA 92260 Notices required to be given to Cook Hovely Street Associates shall be addressed as follows: 41-555 Cook Street Palm Desert, CA 92260 18. Duration of Agreement. This Agreement shall expire thirty (30) years from the date of execution of this Agreement, except that all land dedicated to the City shall exist in perpetuity and shall be used and disposed of solely by the City. A party may change the address by giving notice in 126C DSP13/1:6/28/80 writing to the other party and thereafter notices shall be addressed and transmitted to the new address. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. APPROVED AS TO FORM: DAVID J�RWIN City Attorney STATE OF CALIFORNIA ) ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT A Municipal Co ati n By: W SON, Mayor COOK HOVELEY STREET ASSOCIATES A Minnesota General Partnership By: 2z!s— ss On �(,(L�/ J0� ��q , before me a Notary Public in and for said State, personally appeared �t . /ROy W I Lzo"1-ftrt'el- known to me (or proved to me on the basis of satisfactory evidence) to be the M F+ yp 2. of the City of Palm Desert, and known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. WITNESS my hand and official seal. ' OFFICIAL sEAr. C (S) . MARY P. FRAZIER NOTARY PUBLIC—CALIFORNIA ; NOTARY P IC '. NOTARY BOND FILED IN • RIVERSIDE COUNTY My Commission Expires July 23, 1M ti.................................. 0.... ....• -12- DSP13/1:6/28/89 STATE OF CALIFORNIA ��y COUNTY OF RIVERSIDE On 1 , '�-' m . before me. a Notary Publin ;n AnA for said Xta,'e, personally appeared f . 4-k4z:� known to me (or proved tpp a on the b is of satrsfactory evidence) to be a �Qiut��L� of Cook Hovely Street Associates, A General Partnership, and known to me to be the person who executed the within instrument on behalf of Cook Hovely Street Associates and acknowledged to me that Cook Hovely Street Associates executed the same. WITNESS my hand and official seal. OFF jZL- ? La. l i/ v`�!/GVw 0 JULIE P S,.lFR:+WS la- NOTARY P1UDLJC- CALiFORNIA MERS0ZCOUNri N7ARY PUBLIC PP/ COMSSION EXP NA 11.19Q2 -13- LEGAL DESCRIPTION (35.4 Acre Parcel) That portion of the Southeast one -quarter of Southwest one -quarter of Section -9, Township 5 South, Range 6 East, San Bernardino Base and Meridian, in the City of Palm Desert, County of Riverside, State of California, more particularly described as follows: Commencing at the Northwest corner of Lot 24, Parcel Map No. 17452, as per may on file in Bock 130 pages 14 through 1T, inclusive, of parcel. Maps. Records of said Riverside County, California. THOCE Southerly, Westerly and Southerly along the Westerly boundary line of said Parcel Map, the following 3 courses: 1) THERCE South 00003139" West, a distance of 1100-TI feet; 2) THENCE South 89047120" West, a distance of 150.00 feet; 3) THENCE South 00003'39" West, a distance of 182.00 feet to the South line of said Section 9; TWCE leaving said Westerly line of said Parcel May South 89047'20" West along said South line of Section 9, a distance of 426.83 feet to the South one -quarter corner thereof; THENCE continuing along said South line, South 89049134" West, a distance of 124.28 feet, to the TRUE POINT OF BMIFNINO; THENCE continuing along said South line South 89°49'34" West, a distance of 19203.78 feet, to the Southwest corner of the Southeast one -quarter of the Southwest one -quarter of said Section 9; THENCE North 000o6'43" East along the West line of said Southeast one -quarter of said Southwest one -quarter of said Section 9, a distance of 1281.T1 feet to the intersection of said West line with South Right of Way line of Hovley Lane; TMMCE North 8904T'25" East along said South Right of Way line, a distance of 16203.79 feet; THENCE leaving said South line, South 00°06143" West, a distance of 1,282.46 feet to the TRUE POINT OF BN 1mNG. (Contains 35.43 acres, more or lees). sow", �9 Liar 018+ora 7 prtaN aawc�•. t�!„Y4a ` • _ - _ i � � •_�_ �, ,ate —•--. _ O •i:? 7.\� '.` fy ;��' t 1. � , � — —�— a— :,w--fire " _ • • ,:••-r�. •mac. ' � �.; i pf I .1 ('ortola ~I I ` yI dim `--@ i F7030-mr.. Inglis Issas ais��w�. G \ ids 1.1 ..UM! �I �■■■■�■NNA■■�■IIIIWIn■■■�MN�M�■■H■■NI CITY OF PALM DESERT DEVELOPMENT V E C ase No. T AGREEMENT ANOT TO SOLE �f s• c hakes ot ou (,r ..._ pt in CITY COUNCIL ORDINANCE NO.! Date 10/13/88 LEGAL DESCRIPTION (20.00 Acre Parcel) That portion of the South one-half of the South one-half of Section 91 Township 5 South, Range 6 East, San Bernardino Base and Meridian, in the City of Palm Desert, County of Riverside, State of California, more particularly described as follows: Beginning at the Northwest corner of Lot 24, parcel Map No. 17452, as per map on file in Book 130 pages 14 through 17, inclusive, of Parcel Maps, Records of said Riverside County, California. THENCE Southerly, Westerly and Southerly along the Westerly boundary line of said parcel Map, the following 3 courses: 1) TMWCE South 00°03'39" West, a distance of 1100.71 feet; 2) THENCE south $9°4T'20" West, a distance of 150.00 feet; 3) TBEHCE South 00003'39" West, a distance of 182.00 feet to the South line of said Section 9; THENCE leaving said Westerly line of said Parcel Map South 89047120" West along said South line of Section 9, a distance of 426.83 feet to the South one -quarter corner thereof; THENCE continuing along said South line, South 89049134" West, a distance of 124.28 feet; THENCE North 00006143" East 1282.46 feet to the Southerly right of way line of Hovlsy Lane; THENCE North 89047125" East along said Southerly Right-of-way line of Hovley Lane, a distance of 123.55 feet. THENCE North 89°46,17" East, 5T6.40 feet TO THE POINT OF RMINNINa. (Contains 20.00 acres, more or less). E)Oi1BIT S mm--� CITY OF PALM DESERT Case No. DEVELOPMENT AGREEMENT [E Kn Ocir El NOT TO SCALE 1 CITY COUNCIL ORDINANCE NO.552 Date 10/13/88 1 APN# 620-200-039 AND APN# 620-200-044 The West half of the Northeast quarter of the Northwest quarter of the Southwest quarter; the West half of the Northwest quarter of the Northwest quarter of the Southwest quarter; Section 4, Township 5 South, Range 6 East, San Bernardino Base and Meridian. APN# 620-200-013 The West half of the Southeast uarter of the Northeast quarter of the Southwest quarter of Section 4, Township 5 South, Range 6 East, San Bernardino Base and Meridian. APN# 620-200-005 The West half of the Northeast quarer of the Northeast quarter of the Southwest quarter of Section 4, Township 5 South, Range 6 East, San Bernardino Base and Meridian. APN# 620-200-006 The East half of the Northeast quarter of the Northeast quarter of the Southwest quarter of Section 4, Township 5 South, Range 6 East, San Bernardino Base and Merid-tan. APN# 620-200-014 The East half of the Southeast quarter of the Northeast quarter of the Southwest quarter of Sectin 4, Township 5 South, Range 6 East, San Bernardino Base and Meridian. APN# 620-200-002 The East half of the Northeast quarter of the 4. Northwest quarter of the Southwest quarter of Section 4, Township 5 South. Range 6 East, San Bernardino Base and Meridian. EXHIBIT C t 11 .a J(''�;ill cr TTI TT CITY OF PALM DESEII T Case No. qj TAGREEIVIENT DEVELOPMEN W-1 Z. Desert ftus CONOI93P Cl- 5. .14 Thq ,aka lub -WWI -16 J,";llWj7 1p CITY COUNCIL ORDINANCE NO. Date " /13/88 j 0 C% t-n c m S O r 0 Ln A N A p v W N kp coO w UN o � CD O O p CD N D :a O rn w lJl w W W O N J M N A rn -. o p CD W J Cn - p lz p CDp C C O D N O N CD N p� N A N '_ M — r �V �p JCD CD J N N N J N S O rn ;J O CDC O ON co O M < _ w N O rrl In `c i.0 m K 0 0 0 c c O r o O ic -w Ln CD CL CD 0 3 o a o a r.. 0 Ilk a 0 0CD 3 3 3 0 C N z 3 O_ D 3 7 �n 3 D O_ a 3 O_ a Cl_. 3 3 c c -4 N N 3 N 3 \ 3 D Cl C 3 rtC3 d -11CD 3 -hCD 0 C 3 3 D O C!1 rt '+`t :t 3rrl or? om :t� -- O O p0 N m -j 4A UN O rn A N A D co rn = I m io m w �_ to rn C7 Un N V1 J p v :2 Ln 404 O CA � O� A N rn m A A W W w N 70 CD ON A p v 0 r O s CITY OF PALM DESERT Case No. CITY COUNCIL ORDINANCE 552 DEVELOPMENT AGREEMENT ANCE NO. r 10/13/88 [EKUoBoCU3 D NOT TO SCALE Date __,