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Home My WebLink AboutORD 661ORDINANCE NO. 661 AN ORDINANCh. uF THE CITY COUNCIL OF THE CI'i �, OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 538, TERMINATING DEVELOPMENT AGREEMENT 88-1, RELATING TO THE CONSTRUCTION OF LOW INCOME SENIOR HOUSING ON THE NORTH SIDE OF CATALINA WAY WEST OF THE JOSLYN COVE SENIOR CENTER. CASE NOS. DA 88-1, PP/CUP 89-18 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of November, 1991, hold a review of progress towards completion of Precise Plan 89-8 and compliance by Cable & Rylee, Inc., to the terms of DA 88-1; and WHEREAS, the Palm Desert Planning Commission held on the 15th day of October, 1991, a review of the progress towards completion of Precise Plan 89-8 and compliance by Cable & Rylee, Inc., to the terms of DA 88- 1 and recommended to city council termination of said agreement by adoption of Planning Commission Resolution No. 1540; and WHEREAS, at said review, 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 and reasons to justify termination of DA 88-1: 1. There exists critical need for affordable senior housing in the City of Palm Desert. 2. The approved senior housing project was intended to address this need. 3. The city's redevelopment agency is subject to a settlement judgement of a lawsuit which requires the redevelopment agency to acquire, build and subsidize at least 1359 units. The completion of this project is an important component of that program. 4. The city spent $570,000 of affordable housing funds in January of 1989 to purchase property for the project. These funds were collected from another developer for the express purpose of providing affordable senior housing. That goal cannot be accomplished if the completion of the project is indefinitely delayed. 5. The city has complied with all obligations of Development Agreement 88-1. 6. Cable & Rylee, Inc.'s first, most basic obligation under the agreement was to secure construction and long-term financing ORDINANCE NO. 661 commitments. After 33 months Cable & Rylee, Inc., has failed to obtain a commitment for construction financing. 7. By executing the Agreement, Cable & Rylee, Inc., implied that they had the financial capability to secure construction financing. Thirty-three months is a reasonable time to have demonstrated that ability. 8. Given a lack of substantial evidence to the contrary, the city council concludes that Cable & Rylee, Inc., is not financially capable of performing under the Agreement and the city should pursue other alternatives leading to the construction of the project. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That the City Council does hereby rescind Ordinance No. 538, terminating Development Agreement 88-1. 3. That 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 by the Palm Desert City Council this 12th day of December, 1991, by the following vote, to wit: AYES: BENSON, NOES: NONE ABSENT: NONE ABSTAIN: NONE CRITES, SNYDER, WILSON, KELLY �"Zj KICIMD S. KE LY, Mayor ATTEST: \ SHtILA R.-"GILLIGAN, ity Clerk City of Palm Desert, California PD/tm 2 J ,? S. '" 419 ORDINANCE NO. 661 AN ORDINANCE t._ THE CITY COUNCIL OF THE Cl," OF PALM DESERT, CALIFORNIA, RESCINDING ORDINANCE NO. 538, TERMINATING DEVELOPMENT AGREEMENT 88-1, RELATING TO C THE CONSTRUCTION OF L:)W I'1COME SENIOR HOUSING ON THE C` NORTH SIDE OF CATALINA WAY WEST OF THE JOSLYN COVE SENIOR CENTER. CASE NOS. DA 88-1, PP/CUP 89-18 The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN, as follows: WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of November, 1991, hold a review of progress towards completion of Precise Plan 89-8 and compliance by Cable & Rylee, Inc., to the terms of DA 88-1; and WHEREAS, the Palm Desert Planning Commission held on the 15th day of October, 1991, a review of the progress towards completion of Precise Plan 89-8 and compliance by Cable & Rylee, Inc., to the terms of DA 88- 1 and recommended to city council termination of said agreement by adoption of Planning Commission Resolution No. 1540; and WHEREAS, at said review, 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 and reasons to justify termination of DA 88-1: 1. There exists critical need for affordable senior housing in the City of Palm Desert. 2. The approved senior housing project was intended to address this need. 3. The city's redevelopment agency is subject to a settlement judgement of a lawsuit which requires the redevelopment agency to acquire, build and subsidize at least 1359 units. The completion of this project is an important component of that program. 4. The city spent $570,000 of affordable housing funds in January of 1989 to purchase property for the project. These funds ;were collected from another developer for the express purpose of providing affordable senior housing. That goal cannot be accomplished if the completion of the project is indefinitely delayed. 5. The city has complied with all obligations of Development Agreement 88-1. 6. Cable & Rylee, Inc.'s first, most basic obligation under the agreement was to secure construction and long-term financing OPDINANCE NO. 661 2: 1419 commitments. After 33 months Cable & Rylee, Inc., has failed to obtain a commitment for construction financing. 7. By executing the Agreement, Cable & Rylee, Inc., implied that they had the financial capability to secure construction financing. Thirty-three months is a reasonable time to have demonstrated that ability. 8. Given a lack of substantial evidence to the contrary, the city council concludes that Cable & Rylee, Inc., is not financially capable of performing under the Agreement and the city should pursue other alternatives leading to the construction of the project. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the city council in this case. 2. That the City Council does hereby rescind Ordinance No. 538, terminating Development Agreement 88-1. 3. That 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 saw% 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 by the Palm Desert City Council this 12th day of December, 1991, by the following vote, to wit: AYES: BENSON, NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: `e7 SHEILA R. --GILLIGAN, City of Palm Deser PD/tm CRITES, SNYDER, WILSON, KELLY ity Clerk California C 6 tu_. ), )�t RIC ..__.D S. KE%,I,Y; Mayor 2 J :. . � �45365 .P .� RECORDING REQUESTED BY.' ANO � MHEN RECORDED MAIL T0: � City lerk' s Office � �� City of PaIA Desert� � � M 73-510 Fred Martng Djive � � t� �� Palm Desert. CA 92 •60 � � � � O � FOR THE BENEFIT OF THE �� N CITY OF PALM DESERT Q � � NO FEE !r 6103 OF THE GOVT. COOE D � ORDZNANCE N0. 661 � _" t � � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM � DESERT, CALIFORNZA, RESCINDING ORDINANCE N0. 538, �� TERMINATING DEVELOPMENT AGREEMENT 88-1, RELATING TO � THE CONSTRUCTZON OF LOW ZNCOME SENIOR HOUSZNG ON THE � NORTH SZDE OF CATALINA WAY WEST OF THE JOSLYN COVE C; SENIOR CENTER. � CASE NOS . DA 88-1, PP/CUP 89-18 � The City Council of the City of Palm Desert, California, DOES HEREBY ORDAZN, as follows: WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of November, 1991, hold a review of progress towards completion of Precise Plan 89-5 and compliance by Cable & Rylee, Inc. , to the terms of DA 88-1; and WHEREAS, the Palm Desert Planning Commission held on the 15th day , of October, 1991, a review of the progress towards completion of Precise Plan 89-8 and compliance by Cable 6 Rylee, Inc. , to the terms of DA 88- 1 and recommended to city council termination of said agreement by adoption of Planning Commission Resolution No. 1540; and WHEREAS, at said review, 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 and reasons to justify termination of DA 88-1 : 1 . There existe critical need for affordable senior housing in the City of Palm Desert. 2. The approved senior housing project was intended to address this need. 3 . The city' s redevelopment agency is subject to a settlement judgement of a lawsuit which requires the redevelopment agency to acquire, build and subsidize at least 1359 units. The completion of this project is an important component of 'that program. 4. The city spent S570,000 of affordable housing funds in January of 1989 to purchase property for the project. These funds were collocted from another developer for the express purpose of providing affordable senior housing. That goal cannot be accomplished if the completion of the project is indefinitely delayed. 5 . The city has complied with all obligations of Development Agreement 88-1 . 6 . Cable & Rylee, Inc. ' s first, most basic obligation under the agreement was to secure construction and long-term financing EACH OOCUMENT TO WMICH THIS CERTIfICATE IS AITACHEO. �S CERTIFFED TO BE A FUII, TRUE AP10 CORRECT COPY OF THE OPoGIWdI ON FILE ANO ON RECORD IN MY OFFICE. Oated: `a�� SHEILA R. SItlIGAB. City Clerk Cirr of P Oa�+ Celilor��a ( i , ��v BY ORDINANCE N0. 661 44536� - � � � � � commitments. After 33 months Cable & Rylee, Znc. , has failed to obtain a commitment for construction financing. 7 . By executing the Agreement, Cable & Rylee, Inc. , implied that they had the financial capability to secure construction financing. Thirty-three months is a reasonable time to have demonstrated that ability. 8. Given a lack of substantial evidence to the contrary, the city council concludes that Cable & Rylee, Znc. , is not financially capable of performing under the Agreement and the city should pursue other alternatives leading to the construction of the project. NOW, THEREFORE, BE ZT ORDAZNED by the City Council of the City of I Palm Desert, California, as follows: I1 . That the above recitations are true and correct and constitute i the findings of the city council in this case. 2. That the City Council does hereby rescind Ordinance No. 538, terminating Development Agreement 88-1 . 3 . That 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 by the Palm Desert City Council this � 12th day of December, 1991, by the following vote, to wit: AYES: BENSON, CRITES, SNYDER, WILSON, KELLY NOES: NONE ABSENT: NONE � AHSTAZN: NONE RIC D S . KE LY, Mayor ATTEST: � % � ' � _L!i:�'�� T./ SHEILA R.� G LIGAN, ity Clerk City of Palm Dese California � PD/tm 2 �