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HomeMy WebLinkAboutORD 920ORDINANCE NO. 920 c r. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND RAYMOND T. TROLL AND JO ANN TROLL FOR A 76 UNIT SENIOR (AGE 62 AND OLDER) APARTMENT PROJECT ON 3.38 ACRES ON THE WEST SIDE OF CALIFORNIA AVENUE, SOUTH OF NEW YORK AVENUE, 77-080 CALIFORNIA AVENUE. WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of June, 1999, hold a duly noticed public hearing to consider the request by RAYMOND T. TROLL for the project described above; and WHEREAS, the Planning Commission by its Resolution No. 1927 has recommended approval; and WHEREAS, the Development Agreement is consistent with the goals of the Housing Element of the General Plan and the intent and purpose of the Senior Overlay of the Zoning Ordinance to provide specialized housing to meet the needs of a growing senior citizen population; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-18," in that the Director of Community Development has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; WHEREAS, at said public hearing, City Council heard and considered all testimony and arguments of all interested persons. 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 Development Agreement, Exhibit "A" attached hereto, is hereby approved. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, 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. 4. That a Negative Declaration of Environmental Impact, Exhibit "B" attached hereto, is hereby certified. ORDINANCE NO. 920 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 8th day of July , 1999, by the following vote, to wit: AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None SHEILA R. GILUGAN, City lerk City of Palm Desert, CdKornia 2 AMENDED BY ORDINANCE DATED: ----I -, 393 �� ORDINANCE NO.gzn EXHIBIT A SENIOR HOUSING DEVELOPMENT AGREEMENT THE JO ANN TROLL TESTAMENTARY TRUST BY RAYMOND T. TROLL, TRUSTEE THIS AGREEMENT is entered into this 8th , day of July ,1999, between the Jo Ann Troll Testamentary Trust by Raymond T. Troll, Trustee (hereinafter "Property Owner") and the City of Palm Desert, (hereinafter "City"), a municipal corporation organized and existing under the laws of the state of California. RECITALS This Agreement is predicated upon the following facts: A. Government Code Sections 65864-65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; B. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted approval of a precise plan/conditional use permit (PP/CUP 99-6) to construct a 76 unit senior (age 62 and older) project, a general plan amendment to add the senior overlay designation, and zone change to senior overlay; C. The DEVELOPER has applied for precise plan/conditional use permit approval pursuant to Chapter 25.52 of the Zoning Ordinance, Senior Housing Overlay District which 3 ORDINANCE NO. 920 allows for significant density increases in return for building specialized housing designed and restricted to residents over age 62 years; D. The City Council of City has found that the development agreement is consistent with the General Plan and Senior Overlay; and NOW, THEREFORE, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "City" is the City of Palm Desert. (b) "Project" is the development to be constructed in the City pursuant to Precise Plan/Conditional Use Permit 99-6. (c) "Property Owner" means the person having a legal or equitable interest in the real property as described in paragraph (3) and includes the Property Owner's successor in interest. (d) "Real Property" is the real property referred to in paragraph (2). (e) "Useful Life of the Project" is the greater of thirty (30) years or the period of time which the Project remains habitable, with reasonable care and maintenance, as determined by City. (f) "Senior Citizen Household" means a maximum two person . household of which all members are 62 years of age or older. 2. Description of Real Property. The real property which is the subject of this Agreement is described in Exhibit 1. 3. Interest of Property Owner. Property Owner represents that he has a full legal and equitable interest in the Real Property and that all other persons holding legal or equitable interests in the Property are to be bound by the Agreement. M ORDINANCE NO. 920 4. Assignment. The rights of the Property Owner under this Agreement may be transferred or assigned; however, Property Owner will remain responsible for all obligations under this Agreement unless the written consent of the City is first obtained, which will not be unreasonably withheld. 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 Qarties. It is understood that the contractual relationship between the City and Property Owner is such that the Owner is an independent contractor and not the agent of the City. 7. Agreement by Property Owner and City. (a) Property Owner has been conditionally granted permission by the City to construct a 76 unit senior (age 62 years and older) apartment project, a general plan amendment to add senior overlay designation, and zone change to senior overlay on the PROPERTY by Precise Plan/Conditional Use Permit 99-6 City Council Resolution No. 99-64 . Chapter 25.52 requires senior projects to set aside 20% of total project units as units affordable for low and moderate income senior households. These affordable units are required in exchange for substantial density bonuses (project units in excess of base zone density) which have historically ranged from 10 to 20 additional units per acre. The project is receiving a density bonus of 11.6 units/acre or 39 of the 76 total project units. The project's affordable housing requirement shall therefore be established at 15 units. (b) The Property Owner shall: 5 ORDINANCE NO. 920 Set aside fifteen (15) affordable units in the PROJECT which shall be occupied by income qualified persons who meet the current "low income" and "moderate income" limits as determined by the Palm Desert Housing Authority. Of fifteen (15) affordable units seven (7) units shall be reserved for moderate income households (i.e., 100% of median income for Riverside/San Bernardino Counties) and eight (8) units shall be reserved for "lower income" households (80% of median income for Riverside/San Bernardino Counties). follows: Studio Units One (1) Bedroom Units Two (2) Bedroom Units The fifteen (15) affordable units shall be further designated as TOTAL I_T9j%91dPZ1:34�)III N11 3 10 2 15 "MODERATE" "LOWER" UNITS UNITS 1 2 5 5 1 1 7 8 For 1999, the maximum rents shall be: Studio Units One (1) Bedroom Units Two (2) Bedroom Units "MODERATE" "LOWER" UNITS UNITS $763 $598 $869 $680 $971 $758 A ORDINANCE NO. 920 Annual rent increases shall not exceed the percentage increase in the median income for Riverside/San Bernardino Counties. units. (c) A maximum of two persons may occupy each of the controlled (d) Property Owner or its assigned management agent shall be responsible for determining the eligibility of prospective SSI tenants in the "affordable" units. (e) Property Owner shall advise the City in writing prior to obtaining a building permit regarding the method to be used to satisfy affordable housing requirement of the project. (f) Property Owner shall not discriminate on the basis of race, color or creed, sex, or national origin. be 62 years old. (g) Age limits. The minimum age for all PROJECT occupants shall (h) Change in Project. No change, modification, revision or alteration may be made in the approved precise plan without review and approval by those agencies of the City approving the plan in the first instance. A change, modification, revision or alteration in the approved precise plan/conditional use permit is not effective until the parties amend this AGREEMENT to incorporate it. (i) Hold Harmless. Property Owner agrees to and shall hold the 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 the Property Owner or those of his 7 ORDINANCE NO. 920 contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the PROJECT. Property Owner agrees to and shall defend the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's 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 operation referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications or both for the PROJECT. Property Owner 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. (j► Periodic Review of Compliance with Agreement. i. City Planning Commission shall review this DEVELOPMENT AGREEMENT whenever substantial evidence exists to indicate a possible breach of the terms of this AGREEMENT. (k) Amendment or Cancellation of Agreement. This DEVELOPMENT AGREEMENT may be amended or canceled in whole or in part by mutual consent of the parties and in the manner provided for in Government Code, Sections 65868, 65867 and 65867.5. (1) Enforcement. Unless amended or canceled as provided in paragraph (j), this DEVELOPMENT AGREEMENT is enforceable by any party to it notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or 0 ORDINANCE NO. 920 building regulations adopted by City which alter or amend the rules, regulations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. (m) Events of default. Property Owner is in default under this AGREEMENT upon the happening of one or more of the following events or conditions: i. If a warranty, representation or statement made or furnished by Property Owner to City is false or proves to have been false in any material respect when it was made; ii. A finding and determination by City made following a periodic review under the procedure provided for in Government Code, Section 65865.1 , that upon the basis of substantial evidence Property Owner has not complied in good faith with any of the terms or conditions of this AGREEMENT. iii. Property Owner's failure to maintain the Real Property in substantially the same condition as it exists on the date that City issues the Certificate of Occupancy with respect to the PROJECT or to restore promptly in a good and workmanlike manner any building which may be damaged or destroyed. iv. Property Owner's failure to appear in and defend any action or proceeding purporting to affect the rights or powers of City under the terms of this DEVELOPMENT AGREEMENT, and to pay all costs and expenses, including attorneys' fees in a reasonable sum, in any such action or proceeding in which City may appear. (n) Procedure upon default. If, as a result of periodic review, or other review of this AGREEMENT, the Planning Commission or City finds and determines, on the basis of substantial evidence, that Property Owner has not complied with the terms or 9 ORDINANCE NO. 920 conditions of this AGREEMENT, the Commission shall notify the Property Owner or successor in interest as to the specific nature of noncompliance, and describe the remedies required to achieve compliance. Property Owner has thirty (30) days upon receipt of notification to take remedial actions. If Property Owner fails to take remedial action within thirty (30) days, the Planning Commission of City shall recommend to the City Council of City that this DEVELOPMENT AGREEMENT be modified, terminated, or that the remedies set forth in this paragraph be exercised by the City. If the City Council of City concurs with the recommendation of the City's Planning Commission, the City Council may modify this Development Agreement, terminate this DEVELOPMENT AGREEMENT, or may employ one or more of the remedies set forth in this paragraph. Proceedings before the City Council shall be by noticed public hearing pursuant to Chapter 25.86 of the Municipal Code of the City of Palm Desert. In the event of a default, City may employ one or more of the following remedies, in its sole discretion: i. City may revoke all previous approvals, entitlements and permits granted by the City to Property Owner with respect to this PROJECT and the subject Real Property. ii. City may pursue all other legal or equitable remedies City may have under California law or as set forth in this DEVELOPMENT AGREEMENT and City shall be entitled to specific performance and enforcement of each and every term, condition and covenant set forth herein. (o) Damages upon Cancellation. Termination of Agreement. In no event shall Property Owner be entitled to any damages against the City upon modification, 10 ORDINANCE NO. 920 termination of this DEVELOPMENT AGREEMENT or exercise by City of its rights under this DEVELOPMENT AGREEMENT. (p) Attorney's 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. (q) Notices. All notices required or provided for under this DEVELOPMENT AGREEMENT shall be in writing and delivered in person or sent by certified mail, postage prepared. Notice required to be given to City shall be addressed as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260. Notices required to be given to Property Owner shall be addressed as follows: 2323 N. Tustin Avenue #F, Santa Ana, CA, 92705. A party may change the address by giving notice in writing to the other party and therefore notices shall be addressed and transmitted to the new address. (r) Rules of Construction and Miscellaneous Items. i. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. ii. If a part of this AGREEMENT is held to be invalid, the remainder of this AGREEMENT is not affected. iii. If there is more than one signer of this AGREEMENT their obligations are joint and several. iv. The time limits set forth in this AGREEMENT may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement. 11 ORDINANCE NO. 920 (s) Duration of Agreement. This AGREEMENT shall expire only upon total destruction of the apartment project which is the subject of this DEVELOPMENT AGREEMENT. (t) Applicable Law. This AGREEMENT shall be construed according to the laws of the State of California. (u) Severability. If any portion of this AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. (v) Authority. Each of the parties hereto covenants and agrees that it has the legal capacity to enter into this AGREEMENT contained herein, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly. authorized official acting in his official capacity. IN WITNESS WHEREOF this DEVELOPMENT AGREEMENT has been executed by the parties on the day and year first above written. Approved as to form: i City Ati&ney CITY OF PALM DESERT A Municipal Corporation By At THE JO ANN TROLL TESTAMENTARY TRUST BY RAYMOND T. TROLL, TRUSTEE By: 12 STATE OF CALIFORNIA COUNTY OF Orange 3 SS. On June 23, 1999 before me. Mildred N. Cork , personally oppeored Raymond T. Troll personally known to me (or proved to me on the basis of sollsfhctory evidence) to be the person(s) whose names) Islare subscribed to the within Instrument and acknowledged to me that hefshefthey executed the same In hisfherltheir authorized copocity(les), and thalby hlslherAhelr slgnoture(s) on the Instrument the person(s), or the entity upon behalf of which the persons) acted, executed the Instrument. FOR NOTARY SEAL OR STAMP U DRED UCOAK Comrriston i I08M)4 -� Notary KAAe — Qaffagrp OX" Coar<tty MY CarnmExpk%.ion IMW ORDINANCE NO. 920 EXHIBIT 1 LEGAL DESCRIPTION Lot 1 of Tract 19218 as per map filed in Map Book 144 at pages 48 and 49, records of Riverside County, California. 14 ORDINANCE NO. 920 EXHIBIT B Pursuant to Title 14, Division 6, Article 6 (commencing with section 15070) of the California Code of Regulations. NEGATIVE DECLARATION CASE NOS: GPA 99-1, C/Z 99-1 and PP/CUP 99-6 APPLICANT/PROJECT SPONSOR: Raymond T. Troll 2323 N. Tustin Avenue, #F Santa Ana, CA 92705 PROJECT DESCRIPTION/LOCATION: A 76 unit senior (age 62 and older) apartment project on 3.38 acres on the west side of California Avenue, south of New York Avenue, 77-080 California Avenue. The Director of the Department of Community Development, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the Initial Study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. Aa PHI LIP WRELL DATE DIRECTOR OF COMMUNITY DEVELOPMENT 15 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: City Clerk's Office City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 FOR THE BENEFIT OF THE CITY OF PALM DESERT -NOFEE - 6103 OF THE GOVT. CODE DOC ss 199�-371113 08/18/1999 08:00A Fee:NC Page 1 of 17 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder IIIIIII! 1 II IIII I�IIIIIIIIIIIIIIIIll11111111111 IIII�I M $ U PAGE SIZE DA I PCOR t NOCOR SMF MISC A R L COPY LONG-7 REFUND NCFIG EXAM VIRDINANCE 920 (Title of Document) ORDINANCE NO. 920 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND RAYMOND T. TROLL AND JO ANN TROLL FOR A 76 UNIT SENIOR (AGE 62 AND OLDER) APARTMENT PROJECT ON 3.38 ACRES ON THE WEST SIDE OF CALIFORNIA AVENUE, SOUTH OF NEW YORK AVENUE, 77-080 CALIFORNIA AVENUE. WHEREAS, the City Council of the City of Palm Desert, California, did on the 24th day of June, 1999, hold a duly noticed public hearing to consider the request by RAYMOND T. TROLL for the project described above; and WHEREAS, the Planning Commission by its Resolution No. 1927 has recommended approval; and WHEREAS, the Development Agreement is consistent with the goals of the Housing Element of the General Plan and the intent and purpose of the Senior Overlay of the Zoning Ordinance to provide specialized housing to meet the needs of a growing senior citizen population; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 97-181" in that the Director of Community Development has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration of Environmental Impact has been prepared; WHEREAS, at said public hearing, City Council heard and considered all testimony and arguments of all interested persons. 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 Development Agreement, Exhibit "A" attached hereto, is hereby approved. 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Desert Sun, 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. 4. That a Negative Declaration of Environmental Impact, Exhibit "B" attached hereto, is hereby certified. 1111111161gIRpIIAIIIIIIq111161H�qIUIqIRtl •_":=.,f� '�'� ORDINANCE NO. 920 PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 8th day of July , 1999, by the following vote, to wit: AYES: Benson, Crites, Ferguson, Kelly, Spiegel NOES: None ABSENT: None ABSTAIN: None SHEILA R. GT IGAN, C' le City of Palm Desert, Cd ' ornia 1111111ll�llllllllllnllllll&IRl�ullll@IIII&Ipl �'•'=''�� 2 STATE OF CALIFORNIA COUNTY OF Orange J SS. On June 23, 1999 betore me Mildred N. Cork personally appeared Raymond T. Troll personally known to me (or proved to me on the basis of satlstoctory evidence) to be the person(s) whose nome(s) Is/are subscribed to the within Instrument and acknowledged to me that he/shelthey executed the some In hWhediheir authorized copoclty(les), and thatby hly w1theIr slgnoture(s) on the Instrument the person(s). or the entity upon behalf of which the persons) acted, executed the Instrument. ..Qiq_. i �iUME_ �j / FOR NOTARY SEAT. OR SUMP 1999-371113 ORDINANCE NO. 920 EXHIBIT 1 LEGAL DESCRIPTION Lot 1 of Tract 19218 as per map filed in Map Book 144 at pages 48 and 49, records of Riverside County, California. 14 ORDINANCE NO. 92o EXHIBIT A SENIOR HOUSING DEVELOPMENT AGREEMENT THE JO ANN TROLL TESTAMENTARY TRUST BY RAYMOND T. TROLL, TRUSTEE THIS AGREEMENT is entered into this 8th , day of July ,1999, between the Jo Ann Troll Testamentary Trust by Raymond T. Troll, Trustee (hereinafter "Property Owner") and the City of Palm Desert, (hereinafter "City"), a municipal corporation organized and existing under the laws of the state of California. RECITALS This Agreement is predicated upon the following facts: A. Government Code Sections 65864-65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; B. DEVELOPER is owner of certain real property located within the City of Palm Desert, California, which property is described in Exhibit 1, attached hereto and made a part hereof (hereinafter "PROPERTY"). DEVELOPER has applied for and been granted approval of a precise plan/conditional use permit (PP/CUP 99-6) to construct a 76 unit senior (age 62 and older) project, a general plan amendment to add the senior overlay designation, and zone change to senior overlay; C. The DEVELOPER has applied for precise plan/conditional use permit approval pursuant to Chapter 25.52 of the Zoning Ordinance, Senior Housing Overlay District which ' IIII�111111�I ��':;of a°' 00 - 3 ORDINANCE NO. 920 allows for significant density increases in return for building specialized housing designed and restricted to residents over age 62 years; D. The City Council of City has found that the development agreement is consistent with the General Plan and Senior Overlay; and NOW, THEREFORE, the parties agree: 1. Definitions. In this Agreement, unless the context otherwise requires: (a) "City" is the City of Palm Desert. (b) "Project" is the development to be constructed in the City pursuant to Precise Plan/Conditional Use Permit 99-6. (c) "Property Owner" means the person having a legal or equitable interest in the real property as described in paragraph (3) and includes the Property Owner's successor in interest. (d) "Real Property" is the real property referred to in paragraph (2). (e) "Useful Life of the Project" is the greater of thirty (30) years or the period of time which the Project remains habitable, with reasonable care and maintenance, as determined by City. (f) "Senior Citizen Household" means a maximum two person household of which all members are 62 years of age or older. 2. Description of Real Property. The real property which is the subject of this Agreement is described in Exhibit 1. 3. Interest of Property Owner. Property Owner represents that he has a full legal and equitable interest in the Real Property and that all other persons holding legal or equitable interests in the Property are to be bound by the Agreement. ORDINANCE NO. 920 4. Assignment. The rights of the Property Owner under this Agreement may be transferred or assigned; however, Property Owner will remain responsible for all obligations under this Agreement unless the written consent of the City is first obtained, which will not be unreasonably withheld. 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 and Property Owner is such that the Owner is an independent contractor and not the agent of the City. 7. Agreement by Property Owner and City. (a) Property Owner has been conditionally granted permission by the City to construct a 76 unit senior (age 62 years and older) apartment project, a general plan amendment to add senior overlay designation, and zone change to senior overlay on the PROPERTY by Precise Plan/Conditional Use Permit 99-6 City Council Resolution No. 99-64 Chapter 25.52 requires senior projects to set aside 20% of total project units as units affordable for low and moderate income senior households. These affordable units are required in exchange for substantial density bonuses (project units in excess of base zone density) which have historically ranged from 10 to 20 additional units per acre. The project is receiving a density bonus of 11 .6 units/acre or 39 of the 76 total project units. The project's affordable housing requirement shall therefore be established at 15 units. (b) The Property Owner shall: ���o:�,n 5 ORDINANCE NO. 920 Set aside fifteen (15) affordable units in the PROJECT which shall be occupied by income qualified persons who meet the current "low income" and "moderate income" limits as determined by the Palm Desert Housing Authority. Of fifteen (15) affordable units seven (7) units shall be reserved for moderate income households (i.e., 100% of median income for Riverside/San Bernardino Counties) and eight (8) units shall be reserved for "lower income" households (80% of median income for Riverside/San Bernardino Counties). follows: Studio Units One (1) Bedroom Units Two (2) Bedroom Units The fifteen (15) affordable units shall be further designated as TOTAL AFFORDABLE UNITS 3 10 2 15 "MODERATE" "LOWER" UNITS UNITS 1 2 5 5 1 1 7 8 For 1999, the maximum rents shall be: Studio Units One (1) Bedroom Units Two (2) Bedroom Units "MODERATE" "LOWER" UNITS UNITS $763 $598 $869 $680 $971 $758 IYINI�I�IIIYININNI�INNIIIIIIIII�I�IIIBI '�;�e'-'-• C. ORDINANCE NO. 920 Annual rent increases shall not exceed the percentage increase in the median income for Riverside/San Bernardino Counties. units. (c) A maximum of two persons may occupy each of the controlled (d) Property Owner or its assigned management agent shall be responsible for determining the eligibility of prospective SSI tenants in the "affordable" units. (e) Property Owner shall advise the City in writing prior to obtaining a building permit regarding the method to be used to satisfy affordable housing requirement of the project. (f) Property Owner shall not discriminate on the basis of race, color or creed, sex, or national origin. be 62 years old. (g) Age limits. The minimum age for all PROJECT occupants shall (h) Change in Project. No change, modification, revision or alteration may be made in the approved precise plan without review and approval by those agencies of the City approving the plan in the first instance. A change, modification, revision or alteration in the approved precise plan/conditional use permit is not effective until the parties amend this AGREEMENT to incorporate it. (i) Hold Harmless. Property Owner agrees to and shall hold the 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 the Property Owner or those of his 7 ORDINANCE NO. 920 contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the PROJECT. Property Owner agrees to and shall defend the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Property Owner's 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 operation referred to in this paragraph, regardless of whether or not the City prepared, supplied, or approved plans or specifications or both for the PROJECT. Property Owner 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. Periodic Review of Compliance with Agreement. C. J;w i. City Planning Commission shall review this DEVELOPMENT I AGREEMENT whenever substantial evidence exists to indicate a possible breach of the iQ terms of this AGREEMENT. (k) Amendment or Cancellation of Agreement. This DEVELOPMENT C C AGREEMENT may be amended or canceled in whole or in part by mutual consent of the parties and in the manner provided for in Government Code, Sections 65868, 65867 and 65867.5. (1) Enforcement. Unless amended or canceled as provided in paragraph (j), this DEVELOPMENT AGREEMENT is enforceable by any party to it - notwithstanding a change in the applicable general or specific plan, zoning, subdivision, or ORDINANCE NO. 920 building regulations adopted by City which alter or amend the rules, regulations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. (m) Events of default. Property Owner is in default under this AGREEMENT upon the happening of one or more of the following events or conditions: i. If a warranty, representation or statement made or furnished by Property Owner to City is false or proves to have been false in any material respect when it was made; ii. A finding and determination by City made following a periodic review under the procedure provided for in Government Code, Section 65865.1, that upon the basis of substantial evidence Property Owner has not complied in good faith with any of the terms or conditions of this AGREEMENT. iii. Property Owner's failure to maintain the Real Property in substantially the same condition as it exists on the date that City issues the Certificate of `-° r, Occupancy with respect to the PROJECT or to restore promptly in a good and workmanlike � ,z � Jn r•j J s� manner any building which may be damaged or destroyed. Si ^, co iv. Property Owner's failure to appear in and defend any action or proceeding purporting to affect the rights or powers of City under the terms of this DEVELOPMENT AGREEMENT, and to pay all costs and expenses, including attorneys' fees in a reasonable sum, in any such action or proceeding in which City may appear. (n) Procedure upon default. If, as a result of periodic review, or other C review of this AGREEMENT, the Planning Commission or City finds and determines, on the basis of substantial evidence, that Property Owner has not complied with the terms or _ _ 9 ORDINANCE NO. 920 conditions of this AGREEMENT, the Commission shall notify the Property Owner or successor in interest as to the specific nature of noncompliance, and describe the remedies required to achieve compliance. Property Owner has thirty (30) days upon receipt of notification to take remedial actions. If Property Owner fails to take remedial action within thirty (30) days, the Planning Commission of City shall recommend to the City Council of City that this DEVELOPMENT AGREEMENT be modified, terminated, or that the remedies set forth in this paragraph be exercised by the City. If the City Council of City concurs with the recommendation of the City's Planning Commission, the City Council may modify this Development Agreement, terminate this DEVELOPMENT AGREEMENT, or may employ one or more of the remedies set forth in this paragraph. Proceedings before the City Council shall be by noticed public hearing pursuant to Chapter 25.86 of the Municipal Code of the City of Palm Desert. In the event of a default, City may employ one or more of the following remedies, in its sole discretion: i. City may revoke all previous approvals, entitlements and permits granted by the City to Property Owner with respect to this PROJECT and the subject Real Property. ii. City may pursue all other legal or equitable remedies City may have under California law or as set forth in this DEVELOPMENT AGREEMENT and City shall be entitled to specific performance and enforcement of each and every term, condition and covenant set forth herein. (o) Damages upon Cancellation. Termination of Agreement. In no event shall Property Owner be entitled to any damages against the City upon modification, 1111111111111111111111111111111111111111111111111111111 ,. �F�,;;of :,,��.. 10 ORDINANCE NO. 920 termination of this DEVELOPMENT AGREEMENT or exercise by City of its rights under this DEVELOPMENT AGREEMENT. (p) Attorney's 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. (q) Notices. All notices required or provided for under this DEVELOPMENT AGREEMENT shall be in writing and delivered in person or sent by certified mail, postage prepared. Notice required to be given to City shall be addressed as follows: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260. Notices required to be given to Property Owner shall be addressed as follows: 2323 N. Tustin Avenue #F, Santa Ana, CA, 92705. A party may change the address by giving notice in writing to the other party and therefore notices shall be addressed and transmitted to the new address. (r) Rules of Construction and Miscellaneous Items. i. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. ii. If a part of this AGREEMENT is held to be invalid, the remainder of this AGREEMENT is not affected. iii. If there is more than one signer of this AGREEMENT their obligations are joint and several. iv. The time limits set forth in this AGREEMENT may be extended by mutual consent of the parties in accordance with the procedures for adoption of an e men, 1111111111iuuuiiui ,:3�14 ;;of ;�v. 11 ORDINANCE NO. 920 (s) Duration of Agreement. This AGREEMENT shall expire only upon total destruction of the apartment project which is the subject of this DEVELOPMENT AGREEMENT. (t) Applicable Law. This AGREEMENT shall be construed according to the laws of the State of California. (u) Severability. If any portion of this AGREEMENT is for any reason held to be unenforceable, such determination shall not affect the validity of the remaining portions. (v) Authority. Each of the parties hereto covenants and agrees that it has the legal capacity to enter into this AGREEMENT contained herein, that each AGREEMENT is binding upon that party and that this AGREEMENT is executed by a duly authorized official acting in his official capacity. IN WITNESS WHEREOF this DEVELOPMENT AGREEMENT has been executed by the parties on the day and year first above written. Approved as to form: Cit Att ey CITY OF PALM DESERT A Municipal Corporation 0 At� THE JO ANN TROLL TESTAMENTARY TRUST BY RAYMOND T. TROLL, TRUSTEE By: 12 STATE OF CALIFORNIA COUNTY OF Orange J SS. On June 23, 1999 before me, Mildred N. Cork , personally appeared Raymond T. Troll personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that he/shelthey executed the same In his/her/their authorized capaclty(les), and thatby hi"ftheir slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS m`x%Id and��Ll�/ Signature Jl� FOR NOTARY SEAL OR STAMP IN�I��IIINItlII�nI�W�INIIIIIINIII�IYI 3'`•99.'''aa ORDINANCE NO. 920 EXHIBIT 1 LEGAL DESCRIPTION Lot 1 of Tract 19218 as per map filed in Map Book 144 at pages 48 and 49, records of Riverside County, California. II�NNII�tl�I�INI�I�u�INl�l�ulllllll� �'�;'�:° e° 14