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Home My WebLink AboutORD 988RECORDING 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 - NO FEE - 6103 OF THE GOVT. CODE OC N 2001-3810°3S 08/09/2001 08:00A Fee:NC Page 1 of 16 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder 1111111111111111111111111111111111111111111111111111111 "M S U PAGE SIZE DA PCOR NOCOR SMF MISC. lC A R L COPY LONG REFUND NCHG EXAM CITY OF PALM DESERT ORDINANCE NO. 988 (Title of Document) E ORDINANCE NO. 988 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND COOK STREET ASSOCIATES LLC FOR A 16,000 SQUARE FOOT OFFICE SHOWROOM BUILDING AT THE NORTHWEST CORNER OF SHERYL AVENUE AND COOK STREET, 42-595 COOK STREET. CASE NO. DA 01-01 WHEREAS, the City Council of the City of Palm Desert, California, did on the 1 st day of May, 2001, hold a duly noticed public hearing to consider the request of COOK STREET ASSOCIATES, LLC for approval of the above described project; and WHEREAS, the Planning Commission by its Resolution No. 2065 has recommended approval; 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. 00-24," 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; and 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 DA 01-01, 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. �I��III�VINININII�IIINI�YIIIINNI "'��9-, 6 '0 ORDINANCE NO 988 PASSED, APPROVED and ADOPTED by the Palm Desert City Council, this 28th day of June , 2001, by the following vote, to wit: AYES: BENSON, CRITES, SPIEGEL, KELLY NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE RI eS. KELLY, MAYOR PR TEMPORE sT. SHEILA R. GIWGA9 , Pity Clerk City of Palm Dese alifornia EACH DOCUMENT M WHICH THIS CERTIFICATE Ik ATTACHE.9, IS CERTIFIED TO BE A FULL, TRUE Aiq CORRECT CORY OF THE ORIGINAL ON FILE AND 014,1 RECORD IN SAY D Datad: %11!7ILA . GII.LIGAN, City Clerk Citt f him rt, Califor 'a Rv: 111111�IEIIVn�IININIAIIIIIII�IVIIIN m��';�u'-` ORDINANCE NO. 988 EXHIBIT "A" DEVELOPMENT AGREEMENT COOK STREET ASSOCIATES, LLC THIS AGREEMENT is entered into this 28th , day of June , 2001, between Cook Street Associates, LLC, (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 3 �IIIRIIIIIYII�IIIIflIIINI�IAIBInIIIYIYI ��4�'fl.`- ORDINANCE NO. 988 granted approval of a precise plan (PP 01-03) to construct a 16,000 square foot warehouse/showroom building on the PROPERTY; C. The DEVELOPER has applied for precise plan approval pursuant to Chapter 25.73 of the Zoning Ordinance, Precise Plan review; D. The PROPERTY is zoned O.P., Office Professional; E. The project as designed complies with the parking requirements for showrooms and warehouses but not for general office uses which are the primary uses in the O.P. zone district; F. The City has determined that the precise plan as designed would be a desirable addition to the Cook Street corridor if the uses in the project could be limited to only those that have a parking requirement of two spaces per 1,000 square feet of floor area or less; G. The City Council of City has found that the development agreement is consistent with the General Plan; 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 01-03. Id 1111111111111111111111111111111111111111111111111111111111 &'�'-�of 16 a'M`• • ORDINANCE NO. 988 (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 12). (e) "Permitted Uses" means those uses, described below as follows: i. art galleries; ii. interior design showrooms; iii. audio/video showrooms; iv. plumbing showrooms; V. electrical and lighting showrooms; vi. furniture showrooms; vii. floor covering showrooms; viii. window treatment showrooms; and ix. other similar uses which are determined by the Planning Commission to be no more objectionable then those uses delineated above. 2. Description of Real Property. The real property which is the subject of this Agreement is described in Exhibit A. 5 IN ••'�'F�a"--• ORDINANCE NO. 988 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. 4. Assignment. The rights of the Property Owner under this Agreement may not be transferred or assigned unless the written consent of the City 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 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 16,000 square feet of warehousing and showrooms with ancillary office space not to exceed 20% of any one unit on the PROPERTY, pursuant to Precise Plan 01-03. (b) Property Owner or its successors in interest shall limit tenants in said building to those "Permitted Uses" identified in Section 1 (e) of this agreement. 0 111111 uufliumumid��uu�in�mi r3orl ORDINANCE NO. 988 (c) City agrees to review at owners request expansion of "Permitted Uses" on a use by use basis and shall not unreasonably withhold approval of expanded permitted uses if it is demonstrated that the proposed use will not negatively impact parking on the site. (d) 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 is not effective until the parties amend this AGREEMENT to incorporate it. (e) 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 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 7 1111111111 IYIYINI�IAIVIB�IN�II ••�me`'`°° ORDINANCE NO. 988 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. (f) 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. ii. At least once each year, Property Owner shall demonstrate good faith compliance with the terms of this DEVELOPMENT AGREEMENT. Property Owner agrees to furnish such evidence of good faith compliance as City, in the exercise of its discretion, may require. (g) 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. (h) 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, 0 111111111NB �•�':na'°`OnA ORDINANCE NO. 988 subdivision, or building regulations adopted by City which alter or amend the rules, regul.ations or policies governing permitted uses of the land, density, design, improvement and construction standards and specifications. W 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 0 111111NYIIIIUINUI�YIIIIMIII�IYI a y";m.;°°:°° ORDINANCE NO. 988 attorneys' fees in a reasonable sum, in any such action or proceeding in which City may appear. (j) 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 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: 10 111111INIYIIIIIIBIINIVIIIMINIIIY �m;'H;�"�m ORDINANCE NO. 988 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. (k) Damages upon Cancellation, Termination of Agreement. In no event shall Property Owner be entitled to any damages against the City upon modification, termination of this DEVELOPMENT AGREEMENT or exercise by City of its rights under this DEVELOPMENT AGREEMENT. (1) 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. (m) 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. 11 "�'"`a �:P•IMI�In�IIIYII�VI�IVIYIIIII��YIYlnlnlm ORDINANCE NO. 988 Notices required to be given to Property Owner shall be addressed as follows: Cook Street Associates, LLC, 42-620 Caroline Court, Suite 120, Palm Desert, California 92211. 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. (n) 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. If there is more than one signer of this AGREEMENT their obligations are joint and several. (o) Duration of Agreement. This AGREEMENT shall expire only upon total destruction of the project which is the subject of this DEVELOPMENT AGREEMENT. (p) Applicable Law. This AGREEMENT shall be construed according to the laws of the State of California. 12 IIIIII NflINMI�I�NI�IMVIIhINI �•�"1H:�?� ORDINANCE NO. 988 (q) 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. (r) 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. 13 iNun�mmHu�nu��x��uwi� w,,,,�;;°;.0A ORDINANCE NO. 988 IN WITNESS WHEREOF this DEVELOPMENT AGREEMENT has been executed by the parties on the day and year first above written. Approved as to form: r City ttor (ey STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) CITY OF PALM DESERT A Municipal Corporation 13 W COOK STREET ASSOCIATES, LLC By: By: On this �h J�'— day of (, 2001, before me, a Notary Public in and for said State, personally fippeared S�r6bV �d>7c,ft known to me or proved to me on the basis of satisfactory vidence the person who executed the within instrument on behalf of (; -.57L'A 6, .Gf� ��, and acknowledged to me that _ hL executed the same. +� FREDDIE MCKEY N Comm. # 1274471 ,n NOTARY PUBLIC-CALIFORNIA N Riverside County e� My Comm. Expires Aug. 25, 2004 "; 14 IY�II�IIIN�I��III�MI�II�N�IVINN w2O°'20 °:�;°m" ORDINANCE NO. 988 EXHIBIT "1 " LEGAL DESCRIPTION Lot 134 and 135 MB 40/9-1 1 Country Club Village No. 1 in the County of Riverside, California. 15 111111111111111 IIII-�"16 -,°'°